Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Setting aside adjudication decision under section 15 cipaa

Legal area

Court

21 Mar 2025

MAJU HEALTHCARE SDN BHD MERCU HARAPAN SDN BHD

Citation

WA-24C-192-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-192-11/2024 (Mahkamah Tinggi)

On the balance of probabilities the Adjudication Claim was validly served at the respondent’s registered and usual business addresses under s38(b) CIPAA; the respondent had notice and opportunity to participate but chose not to, therefore no breach of natural justice occurred; defects in the affidavit were corrected and caused no prejudice, and the statutory grounds in s15 CIPAA to set aside the adjudication decision were not made out; accordingly the court dismissed the set aside application and allowed enforcement of the adjudication decision.
5 Jan 2023

STRATEGIC CHAMP SDN BHD FAR EAST KUCHAI DEVELOPMENT SDN BHD

Citation

WA-24C-178-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-178-09/2022 (Mahkamah Tinggi)

The court found the adjudicator had jurisdiction, had considered the respondent's assertions and documentary evidence, and was entitled in his discretion to refuse further submissions; the respondent's complaints amounted to inadmissible challenges to the merits under section 15 CIPAA. Accordingly the adjudication decision was enforceable under section 28 CIPAA and the application to set it aside was dismissed.