29 Nov 2019
TSR BINA SDN BHD HIFORM (M) SDN BHD
- Citation
- WA-24C-107-06/2019 & WA-24C-115-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-107-06/2019 & WA-24C-115-07/2019 (Mahkamah Tinggi)
The High Court found the adjudicator did not commit material breaches of natural justice nor act beyond her CIPAA jurisdiction: she heard parties, considered remeasurement evidence, gave reasons for preferring the Payment Claim figure, addressed variation orders and time issues as consequential to TSR’s LAD defence, and was entitled to consider time at large. TSR’s new complaints were largely afterthoughts not raised at adjudication. There were no clear and unequivocal errors warranting a stay; enforcement under s28 CIPAA was therefore granted and the setting aside and stay applications dismi…