18 Oct 2022
GRANSTEP DEVELOPMENT SDN BHD Tan Chong Heng Construction Sdn Bhd
- Citation
- B-02(C)(A)-1597-08/2021 (Mahkamah Rayuan)
- Court
- C
- Case number
- B-02(C)(A)-1597-08/2021 (Mahkamah Rayuan)
The Court of Appeal held that the adjudicator had jurisdiction to determine the second payment claim because an adjudication only commences upon appointment of an adjudicator; the first notice without appointment did not constitute an adjudication requiring formal withdrawal under s17 CIPAA; AIAC Adjudication Rules do not create statutory jurisdictional preconditions; there was no breach of natural justice warranting setting aside; enforcement was properly ordered and no stay was justified; consequently all three appeals were dismissed and the High Court orders were affirmed with costs awarde…