Malaysia Case Law: Decisions & Judgments

Topic

Payment claim requirements

Legal area

Court

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.
11 Dec 2023

TENAGA NASIONAL BERHAD MALAYSIAN RESOURCES CORPORATION BERHAD

Citation

WA-24C-170-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-170-09/2022 (Mahkamah Tinggi)

The court held that the adjudicator had jurisdiction despite arbitration already having been commenced (s37 CIPAA and authority in Martego), the payment claim read with accompanying documents complied with s5(2), the adjudicator acted within powers under s25 in regulating procedure and refusing a rejoinder, and there was no denial of natural justice or excess of jurisdiction warranting setting aside; accordingly the setting aside application was dismissed and enforcement under s28 CIPAA was ordered while the stay application was refused.
28 Feb 2023

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

Citation

WA-24C-129-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-129-06/2022 (Mahkamah Tinggi)

The court held the adjudicator had core jurisdiction because the parties' contractual relationship was evidenced in writing by purchase orders, invoices, correspondence and partial payments (s 2 CIPAA interpreted liberally); the Payment Claim satisfied statutory requirements; the adjudicator afforded adequate procedural fairness and did not act in excess of jurisdiction; accordingly the Setting Aside Application was dismissed and the Adjudication Decision enforced.

Malaysia Case Law

ANAS CONSTRUCTION SDN BHD JKP SDN BHD

TENAGA NASIONAL BERHAD MALAYSIAN RESOURCES CORPORATION BERHAD

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