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HIGH COURT MALAYA KUALA LUMPUR
PCP CONSTRUCTION SDN BHD – Appellant
Versus
LEAP MODULATION SDN BHD & OTHER CASES – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the adjudicator is challenged regarding set-off claims in adjudication. (Para 1 , 2) |
| 2. adjudication jurisdiction over set-off claims. (Para 10) |
| 3. arguments regarding respondent's claims against the payment certificates and justification of set-offs. (Para 11 , 12 , 14 , 15 , 20) |
| 4. critique on the adjudicator's interpretation of contract and statutory provisions. (Para 21 , 24 , 27) |
| 5. considerations for allowing adjustments in adjudicated sums. (Para 30 , 64 , 75) |
| 6. concept of severability in adjudicator's decisions regarding natural justice breaches. (Para 74 , 86) |
[1] The main issue for determination that straddles these three Originating Summonses ("OS") is whether the Adjudicator had rightly declined jurisdiction to hear the set-off pleaded by the non-paying party in the Adjudication and the related issue as to whether this Court may allow part of the set-off that should have been heard by the Adjudicator and so reduce the Adjudicated Sum accordingly.
[2] There is also the issue as to whether the Adjudicator could interpret clause 25.4(iv) PAM 1998 Contract to allow for payments to be made to the unpaid party for Interim Payment Certificates not
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