26 Oct 2023
TSR BINA SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD
- Citation
- W-02(C)(A)-1352-07/2021 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-02(C)(A)-1352-07/2021 (Mahkamah Rayuan)
Court of Appeal held the High Court erred by setting aside the adjudication decision for breach of natural justice; the adjudicator properly exercised discretion under s25 to refuse further rejoinder, the matters alleged to be 'new' were not new and were within the respondent's knowledge or already in the adjudication response, the refusal did not amount to a material breach of natural justice, and the High Court impermissibly reviewed the merits rather than limiting its inquiry to procedural fairness under s15 CIPAA; appeals allowed and High Court decisions set aside.