22 Nov 2024
Alfranko Development Sdn Bhd Huashi (Malaysia) Sdn Bhd
- Citation
- WA-24C-70-05/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-70-05/2024 (Mahkamah Tinggi)
The Court held the MPA constitutes a construction contract under CIPAA and the Adjudicator did not exceed jurisdiction in treating the MPA as part of the contract documents; however HMSB failed to execute and return revised SPAs/DMCs and is estopped from asserting disposal of Security Units, meaning ADSB was not a 'non-paying party' under CIPAA; on that ground the Adjudication Decision dated 26.4.2024 was set aside under section 15 CIPAA and the enforcement application was dismissed.