PUNCAK TASNIM SDN BHD v KT ADVANCE CONSTRUCTION SDN BHD

aa-24nccarb-1-07-2024 High Court (Mahkamah Tinggi) 6 March 2025 • AA-24NCC(ARB)-1-07/2024

Catchwords

Contract — Construction contract — Adjudication under Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Adjudicator found in favour of subcontractor — Main contractor applied to set aside and stay adjudication decision — Whether adjudicator exceeded jurisdiction under s 15(d) CIPAA — Whether adjudicator acted with bias or failed to act impartially under s 15(c) — Whether failure to consider “without prejudice” admission letter breached natural justice — Whether adjudicator obliged to consider all defences raised in adjudication response — Whether failure to consider uncertified claims invalidates adjudication — Whether decision should be set aside — Whether enforcement allowed where award remains without being stayed or set aside, or superseded — Whether condition under s 28(1) & (2) CIPAA satisfied for enforcement of adjudication decision

Practice Areas

Contract

Judges (1)

Moses Susayan Delivered

Parties (2)

KT ADVANCE CONSTRUCTION Sdn Bhd Respondent PUNCAK TASNIM Sdn Bhd Applicant

Case Significance

PUNCAK TASNIM SDN BHD v KT ADVANCE CONSTRUCTION SDN BHD is a High Court (Mahkamah Tinggi) decision dated March 6, 2025 (citation: aa-24nccarb-1-07-2024). The case was decided by Moses Susayan.

What was the outcome of PUNCAK TASNIM SDN BHD v KT ADVANCE CONSTRUCTION SDN BHD?

PUNCAK TASNIM SDN BHD v KT ADVANCE CONSTRUCTION SDN BHD is a High Court decision dated March 6, 2025. The case was heard by Moses Susayan. See the full judgment for details.