ANAS CONSTRUCTION SDN BHD v JKP SDN BHD
Catchwords
1. Enforcement of the Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) 2. Whether the strict rules of pleadings, as applicable in civil claims before the Malaysian Courts, apply in adjudicating proceedings under the Construction Industry Payment and Adjudication Act 2012? 3. Whether an adjudicator is prohibited from referring to a specific clause in a construction contract in allowing the claim when the said clause was not specifically stated in the Payment Claim and Adjudicating Claim by the claiming party? 4. Whether the adjudicator’s consideration of a specific clause in the construction contract, not specifically stated in the Payment Claim or Adjudication Claim, without inviting parties to further submit on the said clause, amount to a breach of natural justice or an act excess in the jurisdiction?
Case Significance
ANAS CONSTRUCTION SDN BHD v JKP SDN BHD is a Federal Court (Mahkamah Persekutuan) decision dated January 7, 2024 (citation: 02f-4-01-2023p). The panel comprised Abdul Rahman bin Sebli, Mary Lim Thiam Suan and Nordin bin Hassan, with Abdul Rahman bin Sebli delivering the judgment.
Key issues: 1. Enforcement of the Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”).
What was the outcome of ANAS CONSTRUCTION SDN BHD v JKP SDN BHD?
ANAS CONSTRUCTION SDN BHD v JKP SDN BHD is a Federal Court decision dated January 7, 2024. The case was heard by Abdul Rahman bin Sebli. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (02f-4-01-2023p)