21 Jun 2022
KWSL BUILDERS SDN BHD MUDAJAYA CORPORATION BERHAD
- Citation
- BA-24C-13-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-13-02/2022 (Mahkamah Tinggi)
The court dismissed the applications to set aside both adjudication decisions and refused both stay applications because CIPAA permits concurrent adjudication despite prior litigation, s15 provides limited grounds to set aside which were not made out, respondents cannot raise cross-contract counterclaims or seek sums exceeding the claim in adjudication, alleged bad faith and abuse of process were not established, and the narrow View Esteem grounds for stay were not satisfied; the court granted leave to enforce both adjudication decisions under s28 CIPAA.