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2019 MarsdenLR 1823

COURT OF APPEAL PUTRAJAYA
IREKA ENGINEERING AND CONSTRUCTION SDN BHD – Appellant
Versus
PWC CORPORATION SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Ariff Rozhan,Dominic Ng Ken Ming,Wajdi Mohamad ,Respondent Advocate: Daniel Lau,Lee TJ

Table of Content
1. overview of appeals and contractual obligations. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. findings and awards of the adjudicator. (Para 17 , 18 , 19)
3. issues regarding natural justice and decision-making processes. (Para 20 , 22 , 24 , 25)
Tengku Maimun Tuan Mat JCA:

Introduction

[1] There were two appeals before us filed by Ireka Engineering and Construction Sdn Bhd ("the appellant"). The first appeal was against the decision of the High Court in allowing the application by PWC Corporation Sdn Bhd ("the respondent") under s 28 of the Construction Industry Payment and Adjudication Act 2012 ("the CIPAA") to enforce the adjudication decision dated 5 June 2017. The second appeal was against the dismissal of the appellants application under s 15 of the CIPAA to set aside the adjudication decision. For reasons set out below, we had unanimously dismissed the appellants appeals.

Background Facts

[2] By a subcontract dated 6 July 2010, the appellant had appointed the respondent as its subcontractor for a project known as "Cadangan Membina Sebuah Bangunan Komersil 26 Tingkat Yang Mengandungi Komplek Membeli-Belah, Ruang Tempat Letak Kereta, Pusat Konvensyen/Kemudahan- Kemudah

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