HIGH COURT MALAYA KUALA LUMPUR
TIDALMARINE ENGINEERING SDN BHD – Appellant
Versus
CONLAY CONSTRUCTION SDN BHD & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. judicial discretion in adjudication and natural justice principles. (Para 34 , 35 , 36 , 37) |
| 2. adjudicator's independence and impartiality. (Para 43 , 44 , 45 , 46) |
[28] The learned counsel for the claimant referred to the case of GPS Contractors Ltd v. Ringway Infrastructure Services Ltd [2010] BLR 377 which is illustrative of the broad discretionary powers of an adjudicator to order as well as limit the submissions filed. The adjudicator had at the outset directed a procedure by which there was to be a Response and Reply. The Reply was to be restricted to any relevant matters raised by the respondent that are not addressed in the claimants referral notice. The parties complied with the adjudicators direction. However, after the claimant filed its Reply, the despondent wrote to the adjudicator stating that it would be putting in a submission in a week, which was two days before the date for the adjudicators decision. The adjudicator responded to the respondents letter stating that he had made it clear that he had limited the submissions and that the respondent had assumed, wrongly, that it could make a submission in response to the Reply. The respondent served
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