30 Jul 2020
MEDIA CITY DEVELOPMENT SDN BHD CHINA STATE CONSTRUCTION ENGINEERING (M) SDN BHD
- Citation
- WA-24C-86-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-86-05/2019 (Mahkamah Tinggi)
The High Court held the adjudicator had jurisdiction to consider the architect's independence as a connected ancillary issue arising from the adjudication pleadings; there was no actionable denial of natural justice because the adjudicator had discretion over procedure, parties had opportunity to respond and did not request hearings; moreover the adjudicator's decision on LAD and CNCs was supported by several independent bases such that even if the independence finding were severed the decision would stand. The originating summons was therefore dismissed.