20 May 2024
Yeoh Leng Yang (for EK Build) (Messrs YY Chin & Co.] Cecilia Tan Shee Shia and Fatin Izyan binti Muhamad Fadzil (for UM Land) (Messrs Soh Hayati & Co.]
- Citation
- WA-24C-186-11/2023 & WA-24C-214-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-186-11/2023 & WA-24C-214-12/2023 (Mahkamah Tinggi)
The Court held that the Adjudicator acted within jurisdiction and afforded natural justice; paragraph 3 of the Supplementary Agreement incorporated PAM 2006 so the Final Account fell under Clause 30.10; UM's challenges were merits-based and barred by s15 CIPAA; no manifest error was shown regarding exercise of powers under s25 CIPAA; accordingly OS214 is dismissed with costs and OS186 is allowed and the Adjudication Decision is enforced under s28 CIPAA.