24 Dec 2020
1. ) PUNCAK NIAGA CONSTRUCTION SDN BHD 2. ) MERSING CONSTRUCTION & ENGINEERING SDN BHD 1. ) MERSING CONSTRUCTION & ENGINEERING SDN BHD 2. ) PUNCAK NIAGA CONSTRUCTION SDN BHD
- Citation
- WA-24C-181-08/2020, WA-24C-182-08/2020 & WA-24C-213-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-181-08/2020, WA-24C-182-08/2020 & WA-24C-213-10/2020 (Mahkamah Tinggi)
The court held the adjudicator did not act in excess of jurisdiction: the rectified amounts were corrections to earlier interim/payment claims and thus constituted unpaid items eligible under ss4-5 CIPAA; consideration of supporting documents (including RFIs and materials in claimant's possession or generated by respondent) did not oust jurisdiction and was within s25 powers; the 2nd stay application was procedurally flawed and, in any event, barred by issue estoppel because the same allegations (corruption and financial impecuniosity) had been considered and rejected in an earlier stay appli…
- Setting aside adjudication decision under s15 cipaa
- Stay of adjudication decision under s16 cipaa
- Enforcement of adjudication decision under s28 cipaa
- Jurisdictional limits of adjudicator
- Validity and contents of payment claim under ss4-5 cipaa
- Admissibility and weight of supporting documents in adjudication