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2018 MarsdenLR 69

HIGH COURT MALAYA SHAH ALAM
MAMMOTH EMPIRE CONSTRUCTION SDN BHD – Appellant
Versus
STAM ENGINEERING SDN BHD & ANOTHER CASE – Respondent


Table of Content
1. establishment of sub-contract agreement and payment claim procedure. (Para 1 , 2 , 3)
2. service of payment claims must comply with statutory provisions. (Para 4)
3. details on adjudication decision and enforcement processes. (Para 5 , 6 , 7)
4. adjudication decisions must be subject to enforcement as judgments. (Para 8)
5. respondent's grounds for setting aside adjudication decision. (Para 9 , 10)
6. services at usual business locations versus registered offices. (Para 13 , 14 , 19 , 20)
7. claims of procedural defects must be supported by substantial evidence. (Para 18)
8. the adjudicator's discretion in procedural matters is upheld by the court. (Para 21 , 26)
9. burden of proof in adjudication processes. (Para 28 , 29)
10. applications to stay adjudication decisions must follow statutory grounds. (Para 30 , 31 , 32)

[1] Mammoth Empire Construction Sdn Bhd ("Respondent") had vide a Work Order dated 1 February 2017 appointed Stam Engineering Sdn Bhd ("Claimant") as sub-contractor for a construction project. The total contract sum for the sub-contract was RM4,450,925.00.

[2] The Claimant complained that the Respondent had not made payment for work done on the sub-contract

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