MAYFAIR VENTURES SDN BHD v SETIAKON BUILDERS SDN BHD
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Case Significance
MAYFAIR VENTURES SDN BHD v SETIAKON BUILDERS SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated September 28, 2025 (citation: b-02ca-2178-12-2024). <p>Mayfair Ventures appealed the High Court's refusal to set aside a CIPAA adjudication decision in favour of contractor Setiakon Builders, raising the issue of whether the adjudicator exceeded her jurisdiction by allowing a claim for late payment interest on fully settled progress certificates. The Court of Appeal allowed the appeal in part, finding that the claim for pure late payment interest on settled certificates does not fit the definition of 'payment' under section 4 of CIPAA 2012 and th The panel comprised Azmi bin Ariffin, Mohd Firuz bin Jaffril and Ong Chee Kwan, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Alvin Lai Kok Wing (counsel for appellant), Amy Hiew Kar Yi (counsel for respondent), Felicia Lai Wai Kim (counsel for respondent), Justin Voon Tiam Yu (counsel for appellant), Victor Pang Chee Siong (counsel for appellant).
Summary
Mayfair Ventures appealed the High Court's refusal to set aside a CIPAA adjudication decision in favour of contractor Setiakon Builders, raising the issue of whether the adjudicator exceeded her jurisdiction by allowing a claim for late payment interest on fully settled progress certificates. The Court of Appeal allowed the appeal in part, finding that the claim for pure late payment interest on settled certificates does not fit the definition of 'payment' under section 4 of CIPAA 2012 and the adjudicator exceeded jurisdiction on that portion. The adjudicated amount was reduced by RM1,610,732.87.
What was the outcome of MAYFAIR VENTURES SDN BHD v SETIAKON BUILDERS SDN BHD?
<p>Mayfair Ventures appealed the High Court's refusal to set aside a CIPAA adjudication decision in favour of contractor Setiakon Builders, raising th...