Construction Industry Payment and Adjudication Act 2012
7 cases · November 2024 to June 2026
Case Volume by Year
1 24
6 26
2024–2026
Key Issues & Sub-Topics
Sections 15, 16 & 28 — Setting aside adjudication decision — Excess of jurisdiction — Natural justice — Fraud — Interpretation of contractual provisions — Liquidated damages — Certificate of Non-Completion — Extension of Time — Stay pending arbitration — Clear errors — Financial standing of successful claimant — Enforcement of adjudication decision — Temporary finality — Court not to review merits of adjudicator's decision. 3 a question of considerable Doctrinal importance at the intersection of construction law and insolvency law: what is the effect, upon a winding-up order against a company which was founded upon an adjudication decision obtained by that company’s creditor, of a subsequent final determination by the court which conclusively reverses that adjudication decision on the merits — does the winding up order — by itself, and notwithstanding that the adjudication decision upon which it was founded has been extinguished under s. 13(c) of CIPAA by the final court determination — have the effect of transmuting the adjudication decision into a binding, permanent debt which survives that final determination, and which the CIPAA claimant may thereafter invoke as a mutual set-off under s. 526 of the Companies Act 2016 (“CA 2016”) against a winding-up petition subsequently presented by the aggrieved debtor company whose claims were vindicated in those very court proceedings? — the meaning of “finally decided by arbitration or the court” in s. 13(c), whether final determination means the decision must have been “decided, and no longer open to any form of challenge or appeal. 2 Core Jurisdiction — Jurisdiction — Construction contract in writing — Agreements alleged to be for banking purposes only — Alleged oral joint venture — Application to restrain adjudication proceedings — Injunction — Balance of convenience — Adequacy of damages — Clear cut absence of jurisdiction — Specific Relief Act 1950, s. 41. 1 two separate cases i.e. to enforce and to set aside the Adjudication Decision 1
Sections 15, 16 & 28 — Setting aside adjudication decision — Excess of jurisdiction — Natural justice — Fraud — Interpretation of contractual provisions — Liquidated damages — Certificate of Non-Completion — Extension of Time — Stay pending arbitration — Clear errors — Financial standing of successful claimant — Enforcement of adjudication decision — Temporary finality — Court not to review merits of adjudicator's decision. 3 cases
a question of considerable Doctrinal importance at the intersection of construction law and insolvency law: what is the effect, upon a winding-up order against a company which was founded upon an adjudication decision obtained by that company’s creditor, of a subsequent final determination by the court which conclusively reverses that adjudication decision on the merits — does the winding up order — by itself, and notwithstanding that the adjudication decision upon which it was founded has been extinguished under s. 13(c) of CIPAA by the final court determination — have the effect of transmuting the adjudication decision into a binding, permanent debt which survives that final determination, and which the CIPAA claimant may thereafter invoke as a mutual set-off under s. 526 of the Companies Act 2016 (“CA 2016”) against a winding-up petition subsequently presented by the aggrieved debtor company whose claims were vindicated in those very court proceedings? — the meaning of “finally decided by arbitration or the court” in s. 13(c), whether final determination means the decision must have been “decided, and no longer open to any form of challenge or appeal. 2 cases
Core Jurisdiction — Jurisdiction — Construction contract in writing — Agreements alleged to be for banking purposes only — Alleged oral joint venture — Application to restrain adjudication proceedings — Injunction — Balance of convenience — Adequacy of damages — Clear cut absence of jurisdiction — Specific Relief Act 1950, s. 41. 1 case
two separate cases i.e. to enforce and to set aside the Adjudication Decision 1 case
Key Statutes
Rules of Court 2012
cited in 3 cases Companies Act 2016 (Cap 777)
cited in 2 cases Arbitration Act 2005 (Cap 646)
cited in 2 cases Courts of Judicature Act 1964 (Cap 91)
cited in 2 cases Specific Relief Act 1950 (Cap 137)
cited in 1 case Limitation Act 1953 (Cap 254)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Top Lawyers
Chan Kheng Hoe 3 Faten Nadia binti Azarudi 3 Foo Joon Liang 3 Tasha Lim Yi Chien 3 Law Hui Yee 3 S. Ravenesan 2 Mandave Singh Gill 2 Shanker Sivapragasam 2 Nurrul Nadia Binti Norriza 2 S. Naveennesan 2 Dato' Stanley Isaacs 1 R. Vasanthi 1 Kevin Wong Gia Meng 1 John Isaacs 1 Catherine Alicia Nathan 1
Cases
j-02imncc-465-03-2025
YS CHONG ENTERPRISE SDN BHD v PERKASA JAUHARI SDN BHD (IN LIQUIDATION)
14 June 2026
MYCOA
j-02ncca-464-03-2025
YS CHONG ENTERPRISE SDN BHD v PERKASA JAUHARI SDN BHD (IN LIQUIDATION)
14 June 2026
MYCOA
ba-24c-20-03-2026
APEX COMMUNICATIONS SDN. BHD. v PCS VISION SDN. BHD.
29 April 2026
MYHC
ba-24c-55-10-2025
MORI PARK SDN BHD v JACK-IN PILE (M) SDN BHD
23 April 2026
MYHC
ba-24c-62-10-2025
JACK-IN PILE (M) SDN BHD v MORI PARK SDN BHD
23 April 2026
MYHC
ba-24c-64-11-2025
MORI PARK SDN BHD v JACK-IN PILE (M) SDN BHD
23 April 2026
MYHC
ja-24c-22-08-2023
Era Universe Development Sdn Bhd v Ken Lip Construction & Trading Sdn. Bhd
9 November 2024
MYHC