Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Enforcement of adjudication decision (cipaa)

Legal area

Court

7 Nov 2023

AKIJAYA DEVELOPMENT SDN. BHD. HK CITY CONSTRUCTIONS SDN. BHD.

Citation

AA-24NCC-3-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCC-3-03/2023 (Mahkamah Tinggi)

The statutory notice was valid because it was founded on an adjudication decision enforced by the High Court; the Plaintiff failed to establish a bona fide dispute on substantial grounds or rebut presumptive insolvency, acted dilatorily and therefore was not entitled to a Fortuna injunction; the application is dismissed.
6 Feb 2023

MCC OVERSEAS (M) SDN BHD TENG YUE OVERSEAS CONSTRUCTION SDN BHD

Citation

JA-24C-1-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24C-1-01/2022 (Mahkamah Tinggi)

The court dismissed MCCO's applications to set aside and to stay execution because (1) an ongoing arbitration is not a ground to set aside under s.15 CIPAA and merits of the adjudication cannot be reviewed on a s.15 application; (2) there was no denial of natural justice nor excess of jurisdiction by the adjudicator; and (3) MCCO failed to show special circumstances to justify a stay under s.16. Consequently the adjudication decision was enforceable under s.28 and TYO's enforcement application was allowed.