6 Aug 2021
GRANSTEP DEVELOPMENT SDN. BHD. TAN CHONG HENG CONSTRUCTION SDN. BHD.
- Citation
- BA-24C-11-04/2021, BA-24C-12-04/2021 & BA-24C-13-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-11-04/2021, BA-24C-12-04/2021 & BA-24C-13-04/2021 (Mahkamah Tinggi)
Enc.9 was dismissed; the adjudicator had jurisdiction to decide the 2nd payment claim because no adjudication had been instituted under the 1st payment claim absent appointment of an adjudicator, r2 ARP are not subsidiary legislation and cannot oust statutory procedure, s17 withdrawal is inapplicable pre-appointment, s410 CA does not bar the adjudication in the circumstances, and no breach of natural justice was shown that would materially affect the adjudication; accordingly the Setting Aside and Stay originating summonses were dismissed and leave to enforce was granted in part, permitting e…