20 Oct 2023
EMBITION SDN BHD KONSORTIUM EXPRESS SDN BHD
- Citation
- WA-24C-80-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-80-05/2023 (Mahkamah Tinggi)
The High Court dismissed the application to set aside the adjudication decision and the stay application because the adjudicator properly exercised his discretion (including declining an oral hearing) after considering the documents and reasons; Embition failed to raise its defences to the architect's certification during adjudication; no breach of natural justice was established; and no exceptional circumstances were shown to warrant a stay pending arbitration. Consequently the adjudication decision was enforceable under s28 CIPAA.