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HIGH COURT MALAYA KUALA LUMPUR
TAN ENG HAN CONSTRUCTION SDN BHD – Appellant
Versus
SISTEM DUTA SDN BHD – Respondent
| Table of Content |
|---|
| 1. understanding the factual basis for the enforcement application. (Para 1 , 2 , 3 , 4) |
| 2. clarifying the nature and compliance of the adjudication decisions. (Para 5 , 7 , 12 , 23 , 29) |
| 3. enforcement of adjudication decisions under cipaa. (Para 6) |
| 4. detailed claims and responses in adjudication. (Para 11 , 19 , 24 , 30) |
| 5. validity and binding nature of adjudication decisions. (Para 33 , 34) |
| 6. analyzing the binding effect of adjudication decisions under cipaa. (Para 35 , 36 , 48) |
| 7. jurisdictional compliance in enforcement applications. (Para 38 , 39 , 40 , 41 , 42 , 43) |
[1] The plaintiff had applied by way of an Originating Summons for enforcement of two Adjudication Decisions dated 15 June 2017 and 4 August 2017 as if they are Judgments or Orders of the High Court. The Originating Summons dated 2 October 2017 is supported by an Affidavit in Support affirmed by one Tan Eng Han on 26 September 2017.
[2] The plaintiff was the claimant in the two Adjudications under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").
[3] The Originating Summons and Affidavit in Support had been duly served on the defendant who was the respondent in the Adjudication. A
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