DORSETT BUKIT BINTANG SDN. BHD. v DIAN MAKMUR SDN. BHD.

wa-24c-150-09-2025 High Court (Mahkamah Tinggi) 14 January 2026 • WA-24C-150-09/2025

Catchwords

CONSTRUCTION LAW — Adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Setting aside, stay and enforcement of adjudication decision — Whether the Adjudicator acted in excess of jurisdiction under Section 15(d) of CIPAA by awarding the second moiety of the retention sum in the absence of a Certificate of Making Good Defects ("CMGD") — Whether the Adjudicator may exercise statutory powers under Sections 25(m) and (n) of CIPAA to find that a contractual condition precedent had been constructively satisfied notwithstanding the absence of certification — Whether the Adjudicator's failure to accept a party's evidence constitutes a breach of natural justice under Section 15(b) of CIPAA — Whether failure to consider the MHE Report or disagreement with the probative weight accorded to it amounts to a denial of natural justice — Whether challenges to the Adjudicator's treatment of the RM700,000.00 settlement, Payment Certificate No. 39R, and the counterclaim and set-off constitute jurisdictional or procedural defects or impermissible challenges to the merits — Whether the existence of pending arbitration proceedings is sufficient to warrant a stay under Section 16(1)(b) of CIPAA — Whether there exist clear and unequivocal errors of sufficient gravity to prick the conscience of the Court or meet the justice of the case for the purposes of the stay application.

Practice Areas

CONSTRUCTION LAW

Judges (1)

Rajes Raghavji Delivered

Parties (2)

DIAN MAKMUR Sdn Bhd Respondent DORSETT BUKIT BINTANG Sdn Bhd Applicant

Judgment

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Source: eJudgment (wa-24c-150-09-2025)