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2019 MarsdenLR 3679
HIGH COURT MALAYA KUALA LUMPUR
BINA PURI SDN BHD – Appellant
Versus
TKL OIL & GAS SDN BHD – Respondent
[Originating Summons Nos: WA-24C-84-05/2019 & WA-24C-98-06/2019]
Petitioner Advocates:Foo Joon Liang,Tan Min Lee,Kaylee Tan Jin Yee ,Respondent Advocate: Joshua Chong,Magdalene Soon
The nature of subcontracting agreements determines jurisdiction under the CIPAA, distinguishing them from joint venture contracts.
Headnote:The judgment concerns adjudication under the Construction Industry Payment and Adjudication Act 2012 ('CIPAA'). TKL Oil and Gas Sdn Bhd initiated proceedings against Bina Puri Sdn Bhd for unpaid construction work. The adjudicator awarded TKL payments, citing jurisdiction under the CIPAA, despite Bina Puri's claims about the nature of the contract. The court affirmed that the contract is construction-related under the CIPAA, dismissing Bina Puri's setting aside application.
Result: The setting aside application was dismissed and enforcement application granted.
[4] Originating Summons No WA-24C-98-6 of 2019 is an application by TKL for an order to enforce the adjudication decision as if it is a judgment or order of the High Court ('enforcement application').
