27 Oct 2021
LION PACIFIC SDN BHD PESTECH TECHNOLOGY SDN BHD
- Citation
- B-02(C)(A)-1558-10/2020 (Mahkamah Rayuan)
- Court
- C
- Case number
- B-02(C)(A)-1558-10/2020 (Mahkamah Rayuan)
The Court allowed the appeals, holding that the subcontract (concluded after CIPAA commenced) was a separate contract to which CIPAA applied but that Clause 4.1 (pay-when-certified) was not a conditional payment falling within the ambit of s35 CIPAA and should be given effect; the adjudicator exceeded jurisdiction by misconstruing pay-when-certified as pay-when-paid and by incorporating new contractual terms and denied the appellant natural justice by failing to consider crucial certification and substantive defences, thus the High Court and adjudicator decisions were set aside.