Malaysia Case Law: Decisions & Judgments

Topic

Denial of natural justice

Legal area

Court

8 Jan 2024

ANAS CONSTRUCTION SDN BHD JKP SDN BHD

Citation

02(f)-3-01/2023(P) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-3-01/2023(P) (Mahkamah Persekutuan)

The adjudicator exceeded his jurisdiction by deciding the dispute on clause 36.6 which was not identified in the Payment Claim or Payment Response as required by ss5 and 6 and s27(1) of CIPAA, and by failing to give the parties an opportunity to submit on that clause thereby denying natural justice; accordingly the appeals were dismissed and the Court of Appeal decisions affirmed.
30 Nov 2022

ALPHA AUTOMATION (SELANGOR) SDN BHD R & F DEVELOPMENT SDN BHD

Citation

JA-24C-6-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24C-6-03/2022 (Mahkamah Tinggi)

R&F failed to prove on the balance of probabilities any ground under section 15 CIPAA to set aside the adjudication decision; accordingly the application to set aside was dismissed and Alpha's application to enforce the adjudication decision under section 28 was allowed, with costs awarded globally.
27 Oct 2021

LION PACIFIC SDN BHD PESTECH TECHNOLOGY SDN BHD

Citation

B-02(C)(A)-1558-10/2020 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(A)-1558-10/2020 (Mahkamah Rayuan)

The Court allowed the appeals, holding that the subcontract (concluded after CIPAA commenced) was a separate contract to which CIPAA applied but that Clause 4.1 (pay-when-certified) was not a conditional payment falling within the ambit of s35 CIPAA and should be given effect; the adjudicator exceeded jurisdiction by misconstruing pay-when-certified as pay-when-paid and by incorporating new contractual terms and denied the appellant natural justice by failing to consider crucial certification and substantive defences, thus the High Court and adjudicator decisions were set aside.
19 Apr 2021

P&A Management Sdn Bhd (No. Syarikat: 963734-V ) WSH Development Sdn Bhd (No. Syarikat: 950836-U)

Citation

PA-24C-6-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24C-6-08/2020 (Mahkamah Tinggi)

The Court held that there was no denial of natural justice: the adjudicator considered the defendant's submissions and evidence, declined a site visit within his permissible discretion under s.25, and the dispute over Interim Payment Certificate No.23 raised merits issues not s.15(b) grounds; accordingly the application to set aside was dismissed and the application to enforce the adjudication decision was allowed as there was non-payment of the adjudicated sum within the stipulated period.
28 Oct 2020

ASM DEVELOPMENT (KL) SDN BHD ECONPILE (M) SDN BHD

Citation

WA-24C-253-11/2019 & WA-24C-200-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-253-11/2019 & WA-24C-200-10/2019 (Mahkamah Tinggi)

The court refused to set aside the adjudication decision because ASM's complaints were primarily merits-based or non-material procedural issues, the adjudicator acted within the statutory jurisdiction under CIPAA when addressing the pleaded issues (including valuation and causation of delay), there was no material denial of natural justice, and EP satisfied statutory requirements for enforcement; accordingly OS1 dismissed and OS2 allowed and the adjudication award enforced.

Malaysia Case Law

ANAS CONSTRUCTION SDN BHD JKP SDN BHD

ALPHA AUTOMATION (SELANGOR) SDN BHD R & F DEVELOPMENT SDN BHD

LION PACIFIC SDN BHD PESTECH TECHNOLOGY SDN BHD

P&A Management Sdn Bhd (No. Syarikat: 963734-V ) WSH Development Sdn Bhd (No. Syarikat: 950836-U)

ASM DEVELOPMENT (KL) SDN BHD ECONPILE (M) SDN BHD