29 Sept 2020
1. ) BA-24C-73-07/2020 LION PACIFIC SDN. BHD. (Co. No.: 199001015947(207616-P)] 2. ) BA-24C-70-07/2020 PESTECH TECHNOLOGY SDN. BHD. (Co. No.: 201301045990(1075814-X)] 1. ) PESTECH TECHNOLOGY SDN. BHD. [Co. No.: 201301045990 (1075814-X)] 2.
- Citation
- BA-24C-70-07/2020 & BA-24C-73-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-70-07/2020 & BA-24C-73-07/2020 (Mahkamah Tinggi)
The adjudicator had jurisdiction because the parties' rights arose under the Sub-Contract concluded after CIPAA; Clause 4.1 (pay-if-certified) is a conditional payment provision and void under s35(1) CIPAA; the adjudicator did not act beyond jurisdiction nor breach natural justice and provided sufficient reasons; errors in the adjudicator's interpretation or exercise of discretion were not grounds to set aside the adjudication under s15 absent jurisdictional excess or material denial of natural justice; accordingly LP's setting aside and stay applications were dismissed and PT was granted lea…