17 Mar 2021
GRANSTEP DEVELOPMENT SDN BHD TAN CHONG HENG CONSTRUCTION SDN BHD
- Citation
- WA-24C-247-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-247-12/2020 (Mahkamah Tinggi)
The Court dismissed the plaintiff's declaratory application because the first payment claim did not crystallise into an adjudication claim (no adjudicator appointment at that stage) so s17 CIPAA was not triggered; CIPAA contains no provision forbidding replacement of a payment claim in the factual circumstances and AIAC treated the later submission as a fresh filing leading to valid adjudication; the judicial management application did not remove CIPAA jurisdiction because the plaintiff had been granted leave to continue legal proceedings and s37 CIPAA permits concurrent proceedings. Plaintif…