16 Nov 2022
Oxley Rising Sdn. Bhd. Ssangyong Engineering & Construction Co. Ltd.
- Citation
- WA-24C-98-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-98-04/2022 (Mahkamah Tinggi)
The High Court set aside the adjudication decision under s15(b) CIPAA because the adjudicator materially relied on a voluminous expert report included in the Adjudication Reply without giving Oxley a reasonable opportunity to comment or respond; that denial of natural justice was material to the outcome (not peripheral) and warranted setting aside the adjudication and dismissal of the enforcement application.