Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Enforcement and setting aside adjudication decision

Legal area

Court

8 Nov 2024

INTISARI MULIA ENGINEERING SDN BHD TUV SUD (MALAYSIA) SDN BHD

Citation

W-02(C)(A)-538-04/2023 (Mahkamah Rayuan)
Court

C
Case number

W-02(C)(A)-538-04/2023 (Mahkamah Rayuan)

The Court allowed the appeals, holding that TUV failed to prove on the evidence that the alleged contracts were "construction contracts" related to "construction work" within s 4 CIPAA; therefore the adjudicator acted in excess of jurisdiction in deciding the claim and the adjudication decision and consequent High Court orders were set aside.
8 Jan 2024

ANAS CONSTRUCTION SDN BHD JKP SDN BHD

Citation

02(f)-4-01/2023(P) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-4-01/2023(P) (Mahkamah Persekutuan)

The adjudicator exceeded jurisdiction by deciding the dispute based on clause 36.6 which was not identified in the Payment Claim or Payment Response as required by ss5 and 6 read with s27(1) of CIPAA; further, failure to invite parties to address the application of clause 36.6 was a denial of natural justice; accordingly the Court of Appeal's setting aside of the High Court's orders was affirmed and the appellant's Federal Court appeals dismissed.