ANAS CONSTRUCTION SDN BHD v JKP SDN BHD

02f-3-01-2023p Federal Court (Mahkamah Persekutuan) 7 January 2024 • 02(f)-3-01/2023(P)

Catchwords

1. Enforcement of the Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) 2. Whether the strict rules of pleadings, as applicable in civil claims before the Malaysian Courts, apply in adjudicating proceedings under the Construction Industry Payment and Adjudication Act 2012? 3. Whether an adjudicator is prohibited from referring to a specific clause in a construction contract in allowing the claim when the said clause was not specifically stated in the Payment Claim and Adjudicating Claim by the claiming party? 4. Whether the adjudicator’s consideration of a specific clause in the construction contract, not specifically stated in the Payment Claim or Adjudication Claim, without inviting parties to further submit on the said clause, amount to a breach of natural justice or an act excess in the jurisdiction?

Practice Areas

Construction Law Administrative Law

Judges (3)

Abdul Rahman bin Sebli Delivered Mary Lim Thiam Suan Coram Nordin bin Hassan Coram

Parties (2)

ANAS CONSTRUCTION Sdn Bhd Appellant JKP Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-3-01-2023p)