18 May 2023
HONG XIN CONSTRUCTION SDN. BHD. REBANA MAJU SDN BHD
- Citation
- WA-24C-5-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-5-01/2023 (Mahkamah Tinggi)
The Court set aside the Adjudication Decision in its entirety because the Adjudicator acted in excess of jurisdiction by deciding merits of a Progress Claim (PC 38) that was premature under contract final account procedures, by allowing set-off for assigned/overpaid sums which constituted a separate cause of action not proper as a set-off in the adjudication, and by allowing set-off for rectification works without first determining the legality of the plaintiff’s termination; additionally the Adjudicator failed to give adequate reasons on the contra unit entitlement amount, constituting breac…