Malaysia Case Law: Decisions & Judgments

Topic

Adjudicator jurisdiction and powers

Legal area

Court

20 Sept 2024

HALUAN PRISMA SDN BHD INTERIA SDN BHD

Citation

WA-24C-10-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-10-01/2024 (Mahkamah Tinggi)

The court held HP's section 15 CIPAA application to set aside the Adjudication Decision was without merit because the Adjudicator had considered the relevant contractual clauses and parties' responses, did not breach natural justice, and acted within the procedural powers conferred by section 25 and jurisdiction under section 27; accordingly OS10 dismissed with costs and OS27 enforcing the Adjudication Decision was allowed, granting orders in terms including payment of the adjudicated sum with interest and costs.
13 Jan 2022

PEMBINAAN MITRAJAYA SDN BHD MRCB BUILDERS SDN BHD

Citation

WA-24C-102-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-102-07/2021 (Mahkamah Tinggi)

The High Court held the adjudicator acted within his powers and complied with principles of natural justice; he did not act impartially nor exceed jurisdiction in his findings on waiver, service of CNC, timeliness of the SO's EoT assessment, or award of pre-adjudication interest; allowing a rejoinder and limiting further pleadings was within his s25 discretion; consequently the application to set aside or stay the adjudication decision was dismissed and the enforcement application was allowed.
19 Jul 2021

1. ) BA-24C-5-03/2021 INTEGRAL ACRES SDN. BHD. (Co. No.: 672818-M) 2. ) BA-24C-7-03/2021 BCEG INTERNATIONAL (M) SDN. BHD. (Co. No.: 96600729-U) 3. ) BA-24C-10-04/2021 INTEGRAL ACRES SDN. BHD. (Co. No.: 672818-M) 1. ) BCEG INTERNATIONAL (M)

Citation

BA-24C-5-03/2021, BA-24C-7-03/2021 & BA-24C-10-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-5-03/2021, BA-24C-7-03/2021 & BA-24C-10-04/2021 (Mahkamah Tinggi)

The court held the adjudicator had jurisdiction to decide unpaid certified works and to award interest thereon, but exceeded jurisdiction under CIPAA by adjudicating Loss (EOT) and costs relating to BCEG's disputes with subcontractors (these are not "payment" under s4 and no written extension under s27(2) existed); the adjudicator also lacked power to award costs/fees of the previous adjudication after the prior adjudicator resigned; the court refused to set aside the valid parts and granted partial enforcement of the adjudication (specified sums and costs of this adjudication) and dismissed…

Malaysia Case Law

HALUAN PRISMA SDN BHD INTERIA SDN BHD

PEMBINAAN MITRAJAYA SDN BHD MRCB BUILDERS SDN BHD

1. ) BA-24C-5-03/2021 INTEGRAL ACRES SDN. BHD. (Co. No.: 672818-M) 2. ) BA-24C-7-03/2021 BCEG INTERNATIONAL (M) SDN. BHD. (Co. No.: 96600729-U) 3. ) BA-24C-10-04/2021 INTEGRAL ACRES SDN. BHD. (Co. No.: 672818-M) 1. ) BCEG INTERNATIONAL (M)