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2017 MarsdenLR 1270

FEDERAL COURT PUTRAJAYA
VIEW ESTEEM SDN BHD – Appellant
Versus
BINA PURI HOLDINGS BERHAD – Respondent


Petitioner Advocates:Cyrus Das,Chetan Jethwani,Goh Hui Ring ,Respondent Advocate: Vinayak Pradhan,Foo Joon Liang,Tan Min Lee,Kwan Will Sen,Lee Xin Div

[1] This is an appeal by the appellant against the decision of the Court of Appeal affirming the decision of the High Court in relation to three applications filed by the appellant and the respondent at the High Court on issues pertaining to the relevant provisions of the Construction Industry Payment And Adjudication Act 2012 ("CIPAA").

[2] The three applications by way of Originating Summons relate to the same adjudication claim and had been consolidated and heard together.

[3] The three applications are as follows:

(i) The first application was made by the appellant to challenge the jurisdiction of the adjudicator under the provision of s 41 of CIPAA. The said s 41 reads as follows:

"Savings

41. Nothing in this Act shall affect any proceedings relating to any payment dispute under a construction contract which had been commenced in any Court or arbitration before the coming into operation of this Act."

(ii) The second application was made by the respondent seeking the registration and enforcement of the adjudication decision as a judgment of the Court pursuant to s 28 of CIPAA. The said s 28 reads as follows:

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