13 Dec 2021
SUNSHINE CONSTRUCTION SDN BHD MARVELANE HOME SDN BHD
- Citation
- BA-24C-24-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-24-05/2021 (Mahkamah Tinggi)
The court held the adjudicator had jurisdiction because Sunshine's payment claim expressly disclosed a contractual cause of action based on certified interim certificates; any technical non-compliance with s5 was cured by s26 and did not oust jurisdiction; Clause 25.4(d) was void under s35 as a conditional payment provision; there was no material breach of natural justice or excess of jurisdiction warranting setting aside; stay pending arbitration was refused because no clear error in the AD and the balance of justice favored Sunshine; enforcement under s28 was granted and costs awarded to Su…