4 Sept 2023
KKH DEVELOPMENT SDN BHD PINTARAS GEOTECHNICS SDN BHD
- Citation
- WA-24C-57-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-57-04/2023 (Mahkamah Tinggi)
The court held the adjudicator had jurisdiction and did not act in excess of jurisdiction; the dispute had arisen prior to the Payment Claim; subject matter did not have to be referred to arbitration; loss and expense claims fall within the definition of 'payment' under s4 CIPAA and were within the adjudicator's jurisdiction; the enforcement requirements under s28 CIPAA were satisfied, therefore the application to set aside was dismissed and the adjudication decision enforced.