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2019 MarsdenLR 1872

FEDERAL COURT PUTRAJAYA
IREKA ENGINEERING & CONSTRUCTION SDN BHD – Appellant
Versus
PWC CORPORATION SDN BHD & OTHER APPEALS – Respondent


Petitioner Advocates:Cecil W M Abraham,Aniz Ahmad Amirudin,Syukran Syafiq ,Respondent Advocate: Oon Chee Kheng,Daniel Lau,TJ Lee

Table of Content
1. hearing of appeals together concerning common issues. (Para 1 , 2 , 3)
2. enforcement issues relating to retrospective application of cipaa. (Para 4 , 5 , 6)
3. details of contractual relations and set-off provisions. (Para 8 , 9 , 10 , 12 , 13)
4. determination of cipaa's application regarding substantive rights. (Para 34 , 42)
5. existing rights under pre-cipaa agreements must be respected. (Para 36 , 60)

[1] We heard these three appeals together given the commonality of issues in the questions of law raised for our determination. In simple terms, the common issues invite an obvious and identical question of whether the Construction Industry Payment and Adjudication Act 2012 ("the CIPAA" for short) which came into force on 15 April 2014 is to be construed as having a retrospective or prospective operation. Quite apart from this question, however, one matter deserves early mention, which is that in these appeals, there are several other questions of law raised by the appellant in respect of which this court had allowed their application for leave to appeal. Tan Sri Cecil Abraham, learned counsel for the appellant in Civil Appeal No: 02(f)-126-12-2018(W) (the 126 Ap

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