Building and Construction Law

5 cases · November 2017 to March 2026

Case Volume by Year

1
17
2
25
2
26
2017–2026

Key Issues & Sub-Topics

Adjudication — Enforcement — Section 28 CIPAA — Three Statutory Bars To Enforcement Under Section 13 — None Engaged Where Setting Aside Dismissed And Arbitration Proceedings In Their Infancy — Objection That Arbitration Commenced Over Same Adjudicated Sum — Whether Risk Of Double Recovery A Bar To Enforcement — Objection That Disputed Invoice Not Properly Served — Whether Notice Of Demand A Precondition To Enforcement Under Section 28 — Objection That Adjudication Costs Already Paid In Part — Whether Matter For Parties To Reconcile At Execution Stage — Geoforce East Sdn Bhd V Melati Evergreen Sdn Bhd — Inai Kiara Sdn Bhd V Puteri Nusantara Sdn Bhd — Enforcement Allowed 2 Construction contract — Adjudication — Claimant sought to enforce adjudication decision (“AD”) — Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) — s 28 — Construction Industry Payment and Adjudication Act 2012 2 Construction contract — Adjudication — Respondent sought to set aside AD — CIPAA — s 15 — Construction Industry Payment and Adjudication Act 2012 2 Appeal — Adjudication award — Construction contracts — Payment disputes — Whether a jurisdictional challenge can be made any time by way of application or whether such an application can only be made upon the application to set aside an Adjudication Award — Application to challenge jurisdiction of the Adjudicator — Whether the Adjudicator has the right to exclude the defences of the appellant — Whether the exclusion of defence amounts to a denial of natural justice — Whether the Adjudicator had acted in breach of natural justice in excluding and refusing to consider certain defences — Application seeking the registration and enforcement of the adjudication decision as a judgment of the Court — Application to set aside and/or stay the award— Whether applications ought to be set aside and dismissed — Construction Industry Payment and Adjudication Act 2012 [Act 746], section 2, section 3, section 4, section 5, section 6, section 15, section 16, section 26, section 27, section 28, section 41 1

Adjudication — Enforcement — Section 28 CIPAA — Three Statutory Bars To Enforcement Under Section 13 — None Engaged Where Setting Aside Dismissed And Arbitration Proceedings In Their Infancy — Objection That Arbitration Commenced Over Same Adjudicated Sum — Whether Risk Of Double Recovery A Bar To Enforcement — Objection That Disputed Invoice Not Properly Served — Whether Notice Of Demand A Precondition To Enforcement Under Section 28 — Objection That Adjudication Costs Already Paid In Part — Whether Matter For Parties To Reconcile At Execution Stage — Geoforce East Sdn Bhd V Melati Evergreen Sdn Bhd — Inai Kiara Sdn Bhd V Puteri Nusantara Sdn Bhd — Enforcement Allowed 2 cases

Construction contract — Adjudication — Claimant sought to enforce adjudication decision (“AD”) — Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) — s 28 — Construction Industry Payment and Adjudication Act 2012 2 cases

Construction contract — Adjudication — Respondent sought to set aside AD — CIPAA — s 15 — Construction Industry Payment and Adjudication Act 2012 2 cases

Appeal — Adjudication award — Construction contracts — Payment disputes — Whether a jurisdictional challenge can be made any time by way of application or whether such an application can only be made upon the application to set aside an Adjudication Award — Application to challenge jurisdiction of the Adjudicator — Whether the Adjudicator has the right to exclude the defences of the appellant — Whether the exclusion of defence amounts to a denial of natural justice — Whether the Adjudicator had acted in breach of natural justice in excluding and refusing to consider certain defences — Application seeking the registration and enforcement of the adjudication decision as a judgment of the Court — Application to set aside and/or stay the award— Whether applications ought to be set aside and dismissed — Construction Industry Payment and Adjudication Act 2012 [Act 746], section 2, section 3, section 4, section 5, section 6, section 15, section 16, section 26, section 27, section 28, section 41 1 case

Key Statutes

Construction Industry Payment and Adjudication Act 2012
cited in 4 cases
Rules of Court 2012
cited in 4 cases
cited in 2 cases
cited in 2 cases

Court Distribution

Key People & Firms

Cases