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2016 MarsdenLR 1025

COURT OF APPEAL PUTRAJAYA
ACFM ENGINEERING & CONSTRUCTION SDN BHD – Appellant
Versus
ESSTAR VISION SDN BHD & ANOTHER APPEAL – Respondent
[Civil Appeal Nos: W-02(C)(A)-1165-07/2015 & W-02(C)(A)-1166-07/2015]



Judicial review of adjudicator's decisions under CIPAA 2012 is limited, focusing on procedural fairness without reevaluating factual findings.

Headnote:The judgment examines appeals regarding the enforcement of an adjudicator's decision under the Construction Industry Payment & Adjudication Act 2012 (CIPAA 2012). The facts reveal a dispute over payments, leading to adjudication, ultimately ruled in favor of the Respondent. The court found no substantive grounds to overturn the adjudicator's decision, affirming the enforcement as outlined in section 28 of CIPAA 2012. It was determined that the Appellant's claims of natural justice breaches were insufficient to warrant overturning the decision. As a result, the appeals were dismissed.

Table of Content
1. facts surrounding the appeals and underlying contract disputes. (Para 1)

[1] Before us are two appeals which are against the decisions of the High Court in which the learned judge dismissed an application by Appellant to set aside a decision made by an adjudicator under the Construction Industry Payment & Adjudication Act 2012 (CIPAA 2012) on 22 January 2015 and allowed an application of the Respondent to enforce the aforesaid decision pursuant to s 28 of CIPAA 2012.

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