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2016 MarsdenLR 2566

HIGH COURT MALAYA KUALA LUMPUR
MARTEGO SDN BHD – Appellant
Versus
ARKITEK MEOR & CHEW SDN BHD & ANOTHER CASE – Respondent


Table of Content
1. the nature of architectural contracts under cipaa. (Para 1 , 12 , 15 , 20)
2. architect's fees must be adjudicated under cipaa. (Para 2 , 3 , 4 , 8)
3. jurisdictional objections in adjudications. (Para 11 , 55 , 68)
4. definition of construction consultancy contract is expansive. (Para 13 , 26)
5. natural justice in adjudicative processes. (Para 95 , 96 , 120 , 122)
6. natural justice does not require oral hearings for all adjudications. (Para 97 , 100 , 102 , 106 , 129)

[1] This case deals with the interesting question as to whether, an architect rendering architectural services with respect to a construction project, may claim under adjudication, his fees outstanding from his client, the owner of the project.

[2] Martego Sdn Bhd ("Martego") is the plaintiff in the setting aside application (OS 39) of an adjudication decision delivered on 14 April 2016 and the defendant in the enforcement application (OS 47). Arkitek Meor & Chew Sdn Bhd ("ARMC") is the defendant in OS 39 and the plaintiff in OS 47. ARMC is the successful claimant in the adjudication and Martego is the respondent and they shall be referred to as such in these two OS and sometimes by their respective com

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