HIGH COURT MALAYA KUALA LUMPUR
VIEW ESTEEM SDN BHD – Appellant
Versus
BINA PURI HOLDINGS SDN BHD & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. introduction to adjudication claims and related proceedings. (Para 1 , 2 , 3) |
| 2. disputes arose in an ongoing construction project between two parties. (Para 4 , 5 , 6) |
| 3. court's analysis on jurisdictional challenges made in adjudication. (Para 14 , 18) |
[1] These three Originating Summonses relate to the same adjudication claim. The three Originating Summonses have since been consolidated. By consent, the relevant affidavits of the Originating Summonses were referred to interchangeably without fresh affidavits required to be filed.
[2] In Originating Summons No 24C-19-06/2015, the applicant is View Esteem Sdn Bhd [View Esteem] while Bina Puri Holdings Berhad [Bina Puri] is the respondent. View Esteem is seeking inter alia an order that the adjudication proceedings be declared null and void for want of jurisdiction. For ease of reference, I shall refer to this application as the "s 41 challenge". On 22 June 2015, when this case was being heard, the adjudication decision was released. The parties immediately sought an adjournment to study the decision and take instructions.
[3] Upon taking instructions, Bina Puri filed Originating Summons No 24C-21-06/2015, seeking an
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