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2025 MarsdenLR 6800

HIGH COURT (SHAH ALAM)
WONG KIAN KHEONG, J
Mudajaya Corporation Bhd – Appellant
Versus
KWSL Builders Sdn Bhd and another – Respondent


Advocates:
Serene Hiew Mun Yi (with Pan Yan Teng) (Harold & Lam Partnership) for MCB.
Michael Yap Chih Hong (with Haikaldin bin Mahyidin) (Tommy Thomas) for KWSL.

Wong Kian Kheong J:

JUDGMENT

(2 Originating summonses)

A. Three novel matters

[1]This judgment regarding the above two originating summonses (2 OS) discusses three novel issues as follows:

(1)to determine whether an adjudicator has breached the second rule of natural justice (2nd Rule) under s 15(b)s 24(c)Construction Industry Payment and Adjudication Act 2012CIPAA) when the adjudicator arrives at an adjudication decision, should our courts adopt the approach applied by Steven Chong Horng Siong JA in Singapore’s Court of Appeal case of Glaziers Engineering Pte Ltd v WCS Engineering Construction Pte Ltd 3 Scenarios)?;

(2)in an application for an absolute stay of the enforcement of an adjudication decision (Absolute Stay Application) pending the disposal of litigation or arbitration between the parties (Litigation/Arbitration), can the court consider an oral application by learned counsel for a ““conditional stay”“ of the enforcement of the adjudication decision pending the outcome of Litigation/Arbitration (Conditional Stay Application)?; and

(3)in the exercise of the court’s discretion to decide a Conditional Stay Application, whether the court may consider the fact that there were previ

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