PE SETIA CONSTRUCTION SDN BHD v MANGKUBUMI SDN BHD
Catchwords
- Section 37 of the CIPAA 2012 allows arbitration or litigation at the courts be done concurrently with ongoing Adjudication Proceedings. -Whether the Sub-contract between the parties have been revised All that is there is the revised amount which no evidence was produced to court to authenticate the truth of the said document. -Whether the Plaintiff is entitled to the sum of RM23,354,170.67 or any other sum for the works carried out by the Plaintiff as per the JMS allow the Plaintiff’s claim of RM23,354,170.67 -Whether the Defendant is entitled to impose the backcharges against the Plaintiff. since there are no proof of payment to substantiate the claims made, the Defendant is not entitled for the balance of the backcharges made for patching potholes and compensation claims and safety compounds
Practice Areas
- Section 37 of the CIPAA 2012 allows arbitration or litigation at the courts be done concurrently with ongoing Adjudication Proceedings. -Whether the Sub-contract between the parties have been revised All that is there is the revised amount which no evidence was produced to court to authenticate the truth of the said document. -Whether the Plaintiff is entitled to the sum of RM23,354,170.67 or any other sum for the works carried out by the Plaintiff as per the JMS allow the Plaintiff’s claim of RM23,354,170.67 -Whether the Defendant is entitled to impose the backcharges against the Plaintiff. since there are no proof of payment to substantiate the claims made, the Defendant is not entitled for the balance of the backcharges made for patching potholes and compensation claims and safety compounds
Judges (1)
Case Significance
PE SETIA CONSTRUCTION SDN BHD v MANGKUBUMI SDN BHD is a High Court (Mahkamah Tinggi) decision dated April 8, 2025 (citation: ba-22c-6-03-2022). The case was decided by Sumathi a/p Murugiah.
Key issues: - Section 37 of the CIPAA 2012 allows arbitration or litigation at the courts be done concurrently with ongoing Adjudication Proceedings..
What was the outcome of PE SETIA CONSTRUCTION SDN BHD v MANGKUBUMI SDN BHD?
PE SETIA CONSTRUCTION SDN BHD v MANGKUBUMI SDN BHD is a High Court decision dated April 8, 2025. The case was heard by Sumathi a/p Murugiah. See the full judgment for details.