Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Adjudication jurisdiction

Legal area

Court

5 Jul 2022

Zhongji Construction Sdn Bhd Dewani Design Sdn Bhd

Citation

BA-24C-15-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-15-03/2022 (Mahkamah Tinggi)

s7 of the COVID-19 Act does not oust an adjudicator's jurisdiction under CIPAA nor constitute a ground to set aside an adjudication decision under s15(d); Zhongji failed to discharge its burden to prove inability due to PCIDA measures or that inability arose after the Act's enforcement date; the adjudicator did not breach the 1st or 2nd rules of natural justice and lawfully exercised statutory discretions (including on uncertified works and costs); parties may not introduce new grounds first in a second affidavit absent amendment or leave; the functus officio doctrine does not apply to CIPAA…
30 Sept 2020

NAIM ENGINEERING SDN BHD WCP ENGINEERING SDN BHD

Citation

wa-24c-236-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

wa-24c-236-11/2019 (Mahkamah Tinggi)

The court found the Agreements contained only limited, non-primary additions and immaterial payment alterations; objectively the parties intended the Agreements to formalise and vary the earlier contract made by the Letters of Acceptance on 17 June 2013. Therefore the Contract was made before CIPAA commenced, the adjudicators exceeded jurisdiction, and the adjudication Decisions were set aside.