BINA PURI CONSTRUCTION SDN BHD vs HING NYIT ENTERPRISE SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1355

HIGH COURT SABAH & SARAWAK KOTA KINABALU
BINA PURI CONSTRUCTION SDN BHD – Appellant
Versus
HING NYIT ENTERPRISE SDN BHD – Respondent

Petitioner Advocates:Terrence Lee,Norbert Yapp ,Respondent Advocate: Roland Cheng

Table of Content
1. application under cipaa for adjudication. (Para 1 , 2 , 3)
2. findings of the adjudicator on interim payment claims. (Para 4 , 5 , 6 , 7 , 8)
3. basis for setting aside the adjudicator's decision. (Para 9 , 10 , 11 , 12 , 13)
4. assessment of overpayment and its implications. (Para 14 , 15)
5. considerations against the applicant’s arguments related to certification and due dates. (Para 16 , 17 , 18 , 19)

Ravinthran Paramaguru J:

[1] This is an application under s 15 of the Construction Industry Payment And Adjudication Act 2012 (CIPAA) to set aside the decision of the adjudicator.

Background Facts

[2] The applicant is the main contractor of a project known as "The Proposed Tourist Recreational and Commercial Development (Phase II-KK Times Square)". The respondent was engaged by the applicant to perform sub-contract works known as "RC Structural Work to Shopping Mall, Shops and Elevated Car Park, part of Basement Level and Balance of Basement Work". The sub-contract works were originally awarded to Hing Nyit Enterprise by a letter of award dated 5 October 2011 for the contract price of RM60,411,702.78. Subsequently, the respondent (Hing Nyit Enterprise Sdn Bhd) took over

Click Here to Read the rest of this document

2015 MarsdenLR 1355

HIGH COURT SABAH & SARAWAK KOTA KINABALUBINA PURI CONSTRUCTION SDN BHD – AppellantVersusHING NYIT ENTERPRISE SDN BHD – Respondent

HIGH COURT SABAH & SARAWAK KOTA KINABALU
BINA PURI CONSTRUCTION SDN BHD – Appellant
Versus
HING NYIT ENTERPRISE SDN BHD – Respondent