28 Jul 2023
TENAGA NASIONAL BERHAD MALAYSIAN RESOURCES CORPORATION BERHAD
- Citation
- WA-24C-166-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-166-08/2022 (Mahkamah Tinggi)
The court held that s37(1) CIPAA is permissive and must be construed purposively; adjudication may be initiated even after arbitration or court proceedings commence and does not ipso facto oust adjudicator jurisdiction. The payment claim met s5(2) CIPAA requirements; there was no jurisdictional excess nor breach of natural justice warranting setting aside. No clear and unequivocal errors or injustice justified a stay. Consequently the setting aside and stay applications were dismissed and the adjudication decision was enforced as a High Court judgment.