1. ) SPM ENERGY SDN BHD 2. ) SYSTEM PROTECTION & MAINTENANCE SDN BHD v MULTI DISCOVERY SDN BHD

b-02ncvcw-1669-09-2022 Court of Appeal (Mahkamah Rayuan) 13 February 2024 • B-02(NCvC)(W)-1669-09/2022

Catchwords

(1) whether a conditional payment clause in a construction contract is invalid in court and arbitral proceedings (Court/Arbitral Proceedings) pursuant to s 35(1) and (2)(a) of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) when no adjudication proceedings have been commenced under CIPAA (Adjudication Proceedings). There are conflicting High Court decisions on this question; and (2) the legal and perhaps “undesirable” consequences of construction works which had been contracted to one party and the same works were then sub-contracted three times to three different parties.

Judges (3)

Azhahari Kamal bin Ramli Coram Hanipah binti Farikullah Coram Wong Kian Kheong Delivered

Parties (3)

MULTI DISCOVERY Sdn Bhd Respondent SPM ENERGY Sdn Bhd Appellant SYSTEM PROTECTION & MAINTENANCE Sdn Bhd Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (b-02ncvcw-1669-09-2022)