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HIGH COURT MALAYA SHAH ALAM
SUNSHINE CONSTRUCTION SDN BHD – Appellant
Versus
MARVELANE SDN BHD & OTHER CASES – Respondent
No, the court did not grant the setting aside of the adjudication decision. It dismissed the Setting Aside OS (OS No BA-24C-44-08/2021) filed by Marvelane. (!) (!) (!) (!)
The court's reasoning confirmed the adjudicator's jurisdiction under CIPAA (ss 5(2), 12, 15, 26, 35), as Sunshine's payment claim disclosed a valid cause of action based on certified interim certificates (IC nos 17 to 23) under clause 30.1 of the contract. No breaches of natural justice or excess of jurisdiction under s 15 CIPAA were found, and clause 25.4(d) was void as a conditional payment provision under s 35(1) CIPAA. (!) (!) (!) (!) (!) (!) (!) (!) (!)
(3 Originating Summonses)
A. Introduction
[1] This judgment concerns following three originating summonses (3 OS):
(1) Sunshine Construction Sdn Bhd (Sunshine) has filed OS No BA-24C-24-05/2021 (Enforcement OS) against Marvelane Home Sdn Bhd (Marvelane) for leave of court to enforce an adjudication decision made on 19 April 2021 (AD) by an adjudicator, Puan Eleena Nasreen Bt. A. Bakar Effendi (Adjudicator), in favour of Sunshine against Marvelane;
(2) in OS No BA-24C-44-08/2021 (Setting Aside OS), Marvelane has applied for a court order to set aside the AD; and
(3) Marvelane has also filed OS No BA-24C-45-08/2021 (Stay OS) for an order to stay the enforcement of the AD pending the disposal of an arbitration between Marvelane and Sunshine (Arbitration).
B. Salient Facts
[2] Marvelane appointed Sunshine to perform construction work (Works) in a residential development project in Putra Heights, Selangor Darul Ehsan (Project) by way of a contract which consisted of the following documents, among others (Contract):
(1) a "Letter of Award" dated 28 July 2017 (LA);
(2) "Agreement and Conditions of PAM Contract 2006 (With Quantities)" (PAM Contract 2006). The PAM Contract
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