9 Jan 2020
MELATI EVERGREEN SDN. BHD. GEOFORCE EAST SDN. BHD. 1. ) MELATI EVERGREEN SDN. BHD. 2. ) GEOFORCE EAST SDN. BHD.
- Citation
- WA-24C-149-08/2019 & WA-24C-222-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-149-08/2019 & WA-24C-222-10/2019 (Mahkamah Tinggi)
The High Court held MESB failed to prove on a balance of probabilities that the adjudicator committed a material breach of natural justice or exceeded jurisdiction. The adjudicator lawfully exercised powers under ss 12 and 25 CIPAA, provided parties adequate written opportunity (including three clarifications), and there was no evidence that an oral hearing or further procedure would have led to a different outcome. Consequently the adjudication decision was enforceable under s 28 CIPAA and MESB's setting aside and stay applications were dismissed.