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HIGH COURT MALAYA KUALA LUMPUR
GIATREKA SDN BHD – Appellant
Versus
SGW ENGINEERING CONSTRUCTION SDN BHD & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. adjudication decision context under cipaa. (Para 1 , 12 , 13) |
| 2. context of adjudication decision under cipaa. (Para 2 , 3 , 5 , 7 , 10) |
| 3. jurisdiction and validity of payment claim. (Para 18 , 21 , 30) |
| 4. arguments concerning jurisdiction and natural justice issues. (Para 19 , 20 , 24) |
| 5. cipaa's mandatory requirements and implications. (Para 22 , 34 , 37) |
| 6. legal analysis of adjudicator's jurisdiction. (Para 23 , 25 , 26 , 27 , 28) |
| 7. ruling on setting aside and enforcement applications. (Para 40) |
| 8. court's determination on natural justice and impartiality. (Para 41 , 42) |
[1] These are cross-applications for the setting aside as well as enforcement of an adjudication decision made pursuant to the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").
[2] The applicant in Originating Summons No: WA-24C-108-06-2019 ("OS1") and the respondent in Originating Summons No: WA-24C-138-08-2019 ("OS2") is a private limited company involved in the construction business.
[3] The respondent in OS1 and the applicant in OS2 is also a private limited company involved in the M&E construction business.
[4] For purposes of this decision, it is convenient and clearer to addres
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