Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Setting aside adjudication (s15)

Legal area

Court

6 May 2024

AMALAN SETAR (M) SDN BHD CHARTER BUILT CONSTRUCTION SDN BHD

Citation

WA-24C-187-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-187-11/2023 (Mahkamah Tinggi)

The court found no material breach of natural justice and no clear and unequivocal errors in the Adjudicator's Decision; the adjudicator addressed the contested matters and CBC demonstrated a prima facie right to the sum claimed based on the Final Account and admissions; consequently the stay and setting-aside applications were dismissed and the adjudication decision enforced as a judgment under s28 CIPAA.
30 Sept 2020

KUNTUM MELOR SDN BHD PERBADANAN PERWIRA HARTA MALAYSIA

Citation

WA-24C-107-06/2020 & WA-24C-149-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-107-06/2020 & WA-24C-149-07/2020 (Mahkamah Tinggi)

The High Court set aside the Adjudication Decision because the Payment Claim failed on the face of it to comply with mandatory s5(2)(a) and (c) CIPAA (no identifiable calendar due date and insufficient description of the works), which rendered the Adjudicator to have acted in excess of jurisdiction; additionally the Adjudicator breached natural justice by excluding PPHM's defences and relying on estoppel and extra-contractual material without affording PPHM an opportunity to meet those matters; accordingly the AD was set aside, stay granted and enforcement dismissed.