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HIGH COURT MALAYA KUALA LUMPUR
GLOBAL BUILT SDN BHD – Appellant
Versus
TEOH KHAI SIN & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. overview of the adjudication decision and summonses. (Para 1 , 2 , 3) |
| 2. background of subcontract and payment claims. (Para 5 , 6 , 7) |
| 3. procedural issues and timeline of summonses. (Para 8 , 9 , 10 , 11) |
| 4. locus standi considerations for enforcement. (Para 20 , 21) |
| 5. requirement of legal capacity based on business status. (Para 22 , 23) |
| 6. jurisdictional challenges and the role of adjudicators. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 7. implications of defunct status on enforcement rights. (Para 30 , 31) |
| 8. outcome of the challenges to the adjudication decision. (Para 32 , 33) |
| 9. final orders and remarks on costs. (Para 34 , 35) |
Introduction
[1] Common to these two Originating Summons is an Adjudication Decision dated 5 October 2024 ("Adjudication Decision") that Teoh Khai Sin trading as Premier Build Construction obtained against Global Built Sdn Bhd under the Construction Industry Payment and Adjudication Act, 2012 ("Act"). For reasons which will become obvious, I shall hereinafter refer to Global Built Sdn Bhd as "Global Built", Teoh Khai Sin as "Teoh", and Premier Build Construction as "Premier Build".
[2] By Originating Summons No: WA-24C-177-11/2024
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