PLP ELECTRICAL ENGINEERING SDN. BHD. v KERJAYA PROSPEK (M) SDN. BHD.

wa-24c-191-12-2025 High Court (Mahkamah Tinggi) 9 April 2026 • WA-24C-191-12/2025

Catchwords

CONSTRUCTION LAW — Adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Setting aside, stay and enforcement of adjudication decision — Late payment interest — Second moiety of retention sum — Certificate of Making Good Defects(CMGD) not issued — Indemnity cross-claim versus Liquidated Ascertained Damages claim — Whether the term "invoice" under Section 36(4) of CIPAA is to be construed purposively to include payment certifications issued by a project consultant — Whether a paying party who controls and withholds the certification process may rely on the absence of a formal invoice to defeat a claim for late payment interest — Whether the adjudicator's statutory powers under Sections 25(m) and (n) of CIPAA extend to evaluating an Architect's active and reasoned refusal to issue a CMGD — Whether the adjudicator committed a breach of natural justice under Section 15(b) of CIPAA by applying procedural prerequisites specific to a LAD claim to an indemnity-based cross-claim pleaded under Clause 21(vi) of the Letter of Award — Whether any such breach is rendered immaterial by an independent and unchallenged finding of non-compliance with the set-off notice requirements under Clause 26.13 of the PAM Sub-Contract 2006 — Whether the "special circumstances" test applicable to stay of execution governs a stay application under Section 16(1)(b) of CIPAA or whether the correct test is confined to clear and unequivocal errors or the justice of the individual case

Practice Areas

CONSTRUCTION LAW

Judges (1)

Rajes Raghavji Delivered

Parties (2)

KERJAYA PROSPEK Sdn Bhd Respondent PLP ELECTRICAL ENGINEERING Sdn Bhd Applicant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24c-191-12-2025)