18 Oct 2022
GRANSTEP DEVELOPMENT SDN BHD TAN CHONG HENG CONSTRUCTION SDN BHD
- Citation
- B-02(C)(A)-1599-08/2021 (Mahkamah Rayuan)
- Court
- C
- Case number
- B-02(C)(A)-1599-08/2021 (Mahkamah Rayuan)
The Court affirmed the High Court: an adjudication does not commence until an adjudicator is appointed so the first notice/claim did not create a pre-existing adjudication requiring formal withdrawal; AIAC Adjudication Rules do not have statutory force to invalidate the adjudicator's appointment; the second payment claim validly superseded the first and Granstep was not prejudiced; therefore the adjudicator had jurisdiction, the setting aside and stay applications lacked merit, and the enforcement order was properly granted.