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2016 MarsdenLR 2380

HIGH COURT MALAYA KUALA LUMPUR
ECONPILE (M) SDN BHD – Appellant
Versus
IRDK VENTURES SDN BHD & ANOTHER CASE (NO 2) – Respondent


Table of Content
1. legal challenges can be raised against adjudication decisions based on compliance with statutory timelines. (Para 1 , 2 , 3 , 4)
2. effectiveness of adjudication claims relies on the proper issuance and management of payment claims and responses. (Para 8 , 9 , 10 , 11)
3. jurisdictional issues in adjudication may not negate the adjudicator's authority to determine claims. (Para 49 , 51 , 55)
Lee Swee Seng J:

[1] As is not uncommon, an application by a successful claimant in an Adjudication Decision to enforce the decision would be met by the unsuccessful respondent applying to set aside the Adjudication Decision. Such was the case here where the respondent raised some interesting grounds in setting aside the Adjudication Decision made under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA"). It was argued that the Adjudicator was late by 3 days in making his Adjudication Decision and as such the whole Decision is void. It does not matter that the payment for the Goods and Services Tax ("GST") came on the last day set for the making of the Adjudication Decision for the respondent contended that the Adjudicator had no authority to withhold the rele

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