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2020 MarsdenLR 2384

HIGH COURT MALAYA KUALA LUMPUR
MEGA SASA SDN BHD – Appellant
Versus
KINTA BAKTI SDN BHD & ORS – Respondent


Petitioner Advocates:Arun Kasi,T Gunaseelan,R Kairnan ,Respondent Advocate: James Ding Tze Wen,Ling Jia Wen

JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is an application principally for a declaration to avoid the appointment of the adjudicator pursuant to the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

[2] The plaintiff is a private limited company involved in the construction business.

[3] The 1st defendant is also a private limited company involved in the construction business.

[4] The 2nd defendant is an individual and empanelled in the Kuala Lumpur Regional Centre for Arbitration ("KLRCA"), now Asian International Arbitration Centre ("AIAC") panel of adjudicators.

[5] The 3rd defendant is an individual and presently the director of the AIAC.

[6] The 4th defendant is a body jointly constituted pursuant to a Host Country Agreement made between the Government of Malaysia and the Asian African Legal Consultative Committee, now the Asian African Legal Consultative Organisation ("AALCO").

[7] The 5th defendant is the Minister of Works assigned with responsibilities under ss 33, 39 and 40 of the CIPAA.

[8] The 6th defendant is the Minister assigned with responsibilities under ss 33 of the CIPAA.

[9] The 7th defendant is the Government of the Federation of Malaysia.

[10] T

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