Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Setting aside adjudication decision s.15

Legal area

Court

27 Jan 2026

AGV OFFSHORE SDN BHD BETTER POWER (M) SDN BHD

Citation

BA-24C-59-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-59-10/2025 (Mahkamah Tinggi)

Better Power failed to establish any jurisdictional error or breach of natural justice under s.15 CIPAA: the misnaming was a non-fatal misdescription where parties' identities were clear; the adjudicator acted within remit in evaluating evidence and adopting a methodology to assess quantum (an error in valuation is a merits issue, not jurisdictional); the adjudicator provided adequate reasons per s.12(4); there was no denial of procedural fairness in refusing a rejoinder; consequently the AD stood and was enforceable under s.28 CIPAA as the statutory conditions were satisfied.
1 Sept 2022

JALEX SDN BHD CHINA CONSTRUCTION YANGTZE RIVER (M) SDN BHD

Citation

WA-24C-90-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-90-04/2022 (Mahkamah Tinggi)

Payment claim met the mandatory s.5(2) requirements by identifying amounts, due dates, contract provisions and works; the abbreviation '(M)' did not misidentify the respondent as the parties and documents demonstrated the same entity; service of adjudication papers complied with s.38 by personal service or delivery at usual business address; therefore the adjudicator did not act in excess of jurisdiction and the adjudication decision stands and is enforceable under s.28 CIPAA.