Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Interest on adjudicated sums

Legal area

Court

9 Feb 2022

OOI BAH SENG & SONS SDN. BHD. YEAN PENG CONSTRUCTION SDN. BHD.

Citation

KA-24C-1-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24C-1-07/2021 (Mahkamah Tinggi)

The court granted enforcement because there was a valid adjudication decision in favour of the plaintiff, the defendant had not applied to set it aside under section 15 CIPAA, a pending civil suit alone does not bar enforcement absent a set-aside or stay, and the High Court's discretion under section 28 should be exercised to enforce unpaid adjudicated sums while preserving the defendant's rights in the continuing civil proceedings.
30 Sept 2021

STRATA GEOTECHNICS SDN BHD C & S ENGINEERING MANAGEMENT SDN BHD

Citation

WA-24C-37-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-37-04/2021 (Mahkamah Tinggi)

The court enforced the adjudication decision because the plaintiff satisfied s28 CIPAA: an adjudication decision in its favour existed, the adjudicated sum remained unpaid, and there was no prohibition to enforcement. The defendant's asserted set-off was considered and addressed by the adjudicator (the disputed debit note was rejected), and the defendant failed to participate in adjudication to preserve those defenses. The third-party payment by Ambawang was an upfront conditional payment requiring refund and did not discharge the defendant. Accordingly enforcement was granted and costs award…