1 Jun 2020
E.A.TECHNIQUE (M) SDN BHD MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD
- Citation
- wa-24c-96-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- wa-24c-96-06/2019 (Mahkamah Tinggi)
The court held the FSO/Vessel constituted construction work within s.4 CIPAA because it is functionally integrated to the CPP affixed to the seabed and therefore adjudicable; the AWOs were incorporated into the written Contract via the MBU Standards and Procedures in the Appendices which prevail over conflicting provisions, so the adjudicator had jurisdiction to decide the claims; the adjudicator addressed and rejected EAT's defences and there was insufficient evidence to establish fraud or denial of natural justice; recusal was unwarranted. Accordingly the setting aside application failed an…