PASUKHAS SDN BHD vs EMPIRE MULTIPLE SDN BHD & ANOTHER CASE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 8

HIGH COURT KUALA LUMPUR
PASUKHAS SDN BHD – Appellant
Versus
EMPIRE MULTIPLE SDN BHD & ANOTHER CASE – Respondent

Petitioner Advocates:Chan Kheng Hoe,Wayne Siang ,Respondent Advocate: Dexter Mah,Ng Chia How,M/s K S Su & Mah

Table of Content
1. court addressed the procedural aspects of adjudication. (Para 1 , 2 , 3)
2. the examination of claims and defences surrounding the adjudication decision. (Para 11 , 12 , 13 , 20)
3. legal interpretation and application of the cipaa. (Para 18 , 30 , 32)
4. final ruling and costs awarded. (Para 166)

Lee Swee Seng J:

[1] There were three applications that were heard together by consent of the parties and for good reason. The claimant in an Adjudication under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") had obtained an Adjudication Decision in its favour and it applied for the Decision to be enforced in this Court under s 28 of the CIPAA.

[2] After being served with the Originating Summons to enforce the Adjudication Decision, the respondent in the Adjudication decided to file its Originating Summons to set aside the Adjudication Decision in the Ipoh High Court with an application within the OS for Stay of the Adjudication Decision.

[3] The respondent then took out an application to transfer the present proceeding to the Ipoh High Court which was duly dismissed by this Court. Meanwhile there was an application by the claimant to transfer the proce

Click Here to Read the rest of this document

2019 MarsdenLR 8

HIGH COURT KUALA LUMPURPASUKHAS SDN BHD – AppellantVersusEMPIRE MULTIPLE SDN BHD & ANOTHER CASE – Respondent

HIGH COURT KUALA LUMPUR
PASUKHAS SDN BHD – Appellant
Versus
EMPIRE MULTIPLE SDN BHD & ANOTHER CASE – Respondent