6 Aug 2024
TERA VA SDN. BHD. AYAM BINTANG ISTIMEWA SDN. BHD.
- Citation
- B-02(C)(A)-1949-11/2023 (Mahkamah Rayuan)
- Court
- C
- Case number
- B-02(C)(A)-1949-11/2023 (Mahkamah Rayuan)
The Court held TVA failed to prove fraud or denial of natural justice under s.15 CIPAA; the Adjudicator properly used material before her and afforded procedural fairness; a respondent may lodge a cross-claim or set-off in adjudication but such cross-claims can at most reduce or zerorise the claimant's claim and cannot result in a net award against the claimant that exceeds the claimant's original claim; although the adjudicator's award that resulted in a net sum owing by the claimant suggested excess of jurisdiction, that ground was not pleaded, therefore the Court dismissed both appeals and…