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2023 MarsdenLR 907

HIGH COURT MALAYA SHAH ALAM
MUDAJAYA CORPORATION BHD – Appellant
Versus
KWSL BUILDERS SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Serene Hiew Mun Yi,Pan Yan Teng ,Respondent Advocate: Micheal Yap Chih Hong,Haikaldin Mahydin

Table of Content
1. plaintiff seeks court orders regarding adjudication decision and stay enforcement. (Para 1 , 2 , 3)
2. background of disputes and previous adjudication decisions outlined. (Para 4 , 5)
Wong Kian Kheong JCA:

A. Three Novel Matters

[1] This judgment regarding the above two originating summonses (2 OS) discusses three novel issues as follows:

(1) to determine whether an adjudicator has breached the second rule of natural justice (2nd Rule) under s 15(b) read with s 24(c) of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) when the adjudicator arrives at an adjudication decision, should our courts adopt the approach applied by Steven Chong Horng Siong JA in Singapore's Court of Appeal case of Glaziers Engineering Pte Ltd v. WCS Engineering Construction Pte Ltd [2018] 2 SLR 1311 and the three scenarios explained in that case (3 Scenarios)?;

(2) in an application for an absolute stay of the enforcement of an adjudication decision (Absolute Stay Application) pending the disposal of litigation or arbitration between the parties (Litigation/Arbitration), can the Court consider an oral application by learned counsel for a "conditional stay" of the enforcemen

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