2019 MarsdenLR 2235

HIGH COURT MALAYA KUALA LUMPUR
ENRA ENGINEERING AND FABRICATION SDN BHD – Appellant
Versus
GEMULA SDN BHD & ANOTHER CASE – Respondent
[Originating Summonses Nos: WA-24C-222-10-2018 & WA-24C-239-10-2018]

The definition of 'Government construction contracts' must strictly include the Government as a party, as exemption orders require narrow interpretation to uphold legislative intent.

Headnote:This court addressed two Originating Summonses arising from an Adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), enforcing an Adjudication Decision on 6 September 2018 under section 28 of CIPAA. The respondent applied to set aside the Adjudication Decision under section 15 on grounds of exceeding jurisdiction and denial of natural justice. The court analyzed the definition of 'Government construction contracts' outlined in the First Schedule of the Exemption Order and determined that the Subcontracts did not qualify for exemption under the CIPAA. The court emphasized the strict interpretation of exemption clauses to honor legislative intent. The court ultimately dismissed the setting aside application and allowed the enforcement application.