CIP GROUP SDN BHD v PERANDIK SDN BHD
Catchwords
Enclosure 1. CONSTRUCTION LAW – Construction Industry Payment and Adjudication Act 2012 (CIPAA) – Adjudication decision – Application to set aside – Section 15(b) & (d) CIPAA –Excess of jurisdiction – Alleged non-compliance with s.5(2)(a) (due date for payment) –Whether incorrect or miscalculated due date renders payment claim invalid – Whether failure to raise jurisdictional objection during adjudication precludes reliance at setting-aside stage –Distinction between absence of due date and minor miscalculation – “Pay now, argue later” principle – Technical objections – Whether adjudication decision a nullity – Section 5(2)(b) CIPAA – Requirement to identify cause of action – Whether express pleading of “breach of contract” required –Substance over form – Holistic reading of payment claim –Jurisdiction vs merits – Federal Court guidance in Anas Construction – Whether the adjudicator acted in excess of jurisdiction – Section 28 CIPAA – Enforcement of adjudication decision as judgment of court –Conditions for enforcement – Discretion of court – Enforcement allowed with costs
Judges (1)
Case Significance
CIP GROUP SDN BHD v PERANDIK SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 13, 2025 (citation: wa-24c-102-05-2025). The case was decided by Rajes Raghavji.
Key issues: Section 28 CIPAA – Enforcement of adjudication decision as judgment of court –Conditions for enforcement – Discretion of court – Enforcement allowed with costs.
What was the outcome of CIP GROUP SDN BHD v PERANDIK SDN BHD?
CIP GROUP SDN BHD v PERANDIK SDN BHD is a High Court decision dated October 13, 2025. The case was heard by Rajes Raghavji. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24c-102-05-2025)