MAYFAIR VENTURES SDN BHD v SETIAKON BUILDERS SDN BHD

b-02ca-2185-12-2024 Court of Appeal (Mahkamah Rayuan) 28 September 2025 • B-02(C)(A)-2185-12/2024 • 49 min read
12 cases cited (1 SG, 11 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (7)

Parties (2)

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-2185-12-2024). <p>This appeal was heard together with Appeal 2178, concerning the enforcement of the same CIPAA adjudication decision in a construction dispute between Mayfair Ventures and Setiakon Builders. The Court of Appeal allowed the appeal in part on the same terms as Appeal 2178, varying the enforcement order to deduct the amount attributable to the pure late payment interest claim that exceeded the adjudicator's jurisdiction. Costs of RM20,000 per appeal were awarded to Mayfair.</p> 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

This appeal was heard together with Appeal 2178, concerning the enforcement of the same CIPAA adjudication decision in a construction dispute between Mayfair Ventures and Setiakon Builders. The Court of Appeal allowed the appeal in part on the same terms as Appeal 2178, varying the enforcement order to deduct the amount attributable to the pure late payment interest claim that exceeded the adjudicator's jurisdiction. Costs of RM20,000 per appeal were awarded to Mayfair.

What was the outcome of MAYFAIR VENTURES SDN BHD v SETIAKON BUILDERS SDN BHD?

<p>This appeal was heard together with Appeal 2178, concerning the enforcement of the same CIPAA adjudication decision in a construction dispute betwe...

Statutes Cited

Construction Industry Payment and Adjudication Act 2012
s 15

Cases Cited (12)

SLR (1)
[2010] 1 SLR 658
MY (11)
[1960] 1 MLJ 1 [2016] 5 CLJ 882 [2017] 4 AMR 477 [2018] 2 MLJ 22 [2019] 2 CLJ 229 [2020] 6 MLJ 224 [2020] MLJU 1272 [2020] MLJU 808 [2021] AMEJ 614 [2022] 10 CLJ 378 [2024] MLJU 70