6 Jul 2022
PEMBINAAN BINA BUMI SDN BHD PANGLIMA BIDANG SDN BHD
- Citation
- WA-24C-51-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-51-02/2022 (Mahkamah Tinggi)
The Court set aside the adjudication decision because the adjudicator failed to consider material elements of the dispute—specifically the Employer's Supplemental Agreement, Employer's SA, Debit Notes and related correspondence—which raised a plausible estoppel/privity argument and set-off that could have materially affected the outcome; that failure amounted to a breach of natural justice and/or took an erroneously restrictive view of jurisdiction, justifying setting aside under s15 CIPAA. The Court found the LAD and interest grounds did not independently warrant setting aside.