Back
HIGH COURT MALAYA KUALA LUMPUR
SYARIKAT BINA DARUL AMAN BERHAD & ANOR – Appellant
Versus
GOVERNMENT OF MALAYSIA – Respondent
| Table of Content |
|---|
| 1. role of plaintiff in adjudication under cipaa. (Para 1 , 2 , 5 , 6) |
| 2. context of adjudication and claims descriptions. (Para 4 , 12) |
| 3. judicial interpretation of 'aggrieved party'. (Para 20 , 30) |
| 4. definition of 'aggrieved party' under cipaa. (Para 22 , 23 , 41) |
| 5. jurisdiction issues within adjudication. (Para 36) |
[1] The plaintiff here is the claimant in the Adjudication under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA"). The plaintiff here had commenced adjudication against the defendant who was the respondent in the adjudication.
Project
[2] The parties had entered into a contract in writing dated 23 January 2006, wherein the defendant appointed the plaintiff as the Contractor for the construction and completion of Trans Eastern Kedah Interland Highway, from Durian Burung to Kupang Kedah (Package A) ("the Project") in Kedah for a contract sum of RM287,000,000.00 which was subsequently varied bringing the total contract sum to RM347,070,267.53.
[3] The plaintiff subsequently awarded the construction of the whole Works under the Contract to Bayu Melati Sdn Bhd ("Bayu Melati") who in turn subcontracted the Works to Ho Hup Construction Co Be
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
