Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Winding up notice

Legal area

Court

12 Sept 2022

KUDDUS CONSTRUCTION SDN BHD HENG GUAN SOON PILING & CONSTRUCTION SDN BHD

Citation

JA-24C-9-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24C-9-09/2021 (Mahkamah Tinggi)

The application is dismissed because the alleged fraud related to the merits (unauthorised signature on Piling Records) not to procurement of the adjudication decision, there was no breach of natural justice as the Plaintiff had the opportunity to present its case and issues raised were addressed in adjudication, and the adjudicator acted within jurisdiction; courts must not re‑open merits under Section 15 CIPAA.
16 Jan 2020

GLOBALCON HOLDING (M) SDN BHD DMC BUILDER SDN BHD

Citation

WA-24C-189-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-189-09/2019 (Mahkamah Tinggi)

The adjudicator had considered and addressed the Plaintiff's defences and documentary evidence, made reasoned findings of fact rejecting the Plaintiff's entitlement to deduct alleged direct payments; the Plaintiff's complaints attack the merits and do not demonstrate breach of natural justice or excess of jurisdiction under s15 CIPAA; procedural filing irregularities were cured or waived; accordingly the Setting Aside Application was dismissed and the Enforcement Application was allowed; the Fortuna Injunction was dismissed.