Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Stay of adjudication decision (s 16)

Legal area

Court

7 Oct 2021

ATSA ARCHITECTS SDN BHD TEGUH MAJURIA SDN BHD

Citation

WA-24C-85-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-85-07/2021 (Mahkamah Tinggi)

TM failed to prove denial of natural justice or real danger of bias or that the Adjudicator acted in excess of jurisdiction such that the Adjudication Decision must be set aside; charging fees below architects' scale does not automatically void the contract; factual/mixed questions about an unregistered individual acting as architect remain unresolved and are appropriately addressed in Suit 479; in the interest of justice the court stayed enforcement of the AD pending Suit 479, therefore Enforcement and Setting Aside applications dismissed, Stay application allowed.
24 Dec 2020

CESCON ENGINEERS SDN. BHD. PESAT BUMI SDN. BHD.

Citation

WA-24C-163-07/2020 & WA-24C-176-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-163-07/2020 & WA-24C-176-08/2020 (Mahkamah Tinggi)

The setting aside application succeeds: the adjudicator relied on undisclosed SSM company search results and drew an adverse "not at arm's length" inference about related shareholders/directors which materially affected his findings (notably reinstatement of sums in VO7) without showing the search results or affording the parties an opportunity to comment; that material breach of natural justice required setting aside the adjudication decision and consequently dismissal of the enforcement application.