HIGH COURT MALAYA KUALA LUMPUR
YANJIAN GROUP CONSTRUCTION (M) SDN BHD – Appellant
Versus
CMMC SDN BHD – Respondent
| Table of Content |
|---|
| 1. application of cipaa for adjudication. (Para 1 , 4 , 5 , 6 , 8 , 15) |
| 2. grounds for setting aside adjudication decisions. (Para 18 , 19 , 35) |
| 3. consequences of failing to submit timely responses. (Para 36 , 44) |
[1] This case involves the typical applications under ss 15, 16 and 28 of the Construction Industry Payment and Adjudication Act 2012 [Act 746] ('CIPAA') by the successful and unsuccessful parties in an adjudication proceeding. Enclosure 1 is the Originating Summons ('OS') No: WA-24C-295-12/2018 filed by Yanjian Group Construction (M) Sdn Bhd ('YGC') on 31 December 2018 to enforce the Adjudication Decision dated 6 August 2018 ('Adjudication Decision') under s 28 CIPAA, whilst the other encl 1 is the OS No WA-24C-24- 02/2019 filed by CMMC Sdn Bhd ('CMMC') on 15 February 2019 to set aside the Adjudication Decision and encl 6 therein is the Notice of Application ('NoA') dated 27 February 2019 for stay of the Adjudication Decision pending disposal of CMMC's application for setting aside.
[2] Learned counsels representing the parties agreed that all three applications be heard together, as is commonplace. After careful consideration of the OS, NoA, Affidavits an
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