ES STRUCTURE SDN BHD v SWAJA FACADE SDN BHD
Catchwords
- the learned Adjudicator did not consider or rely on any of the alleged fraudulent statements made by ES Structure in its Adjudication Reply. As such, it is my view that Swaja has failed to prove on a balance of probabilities that the AD has been improperly procured through fraud by ES Structure. -Adjudicator had provided Swaja similar extension of time to file its Adjudication Response as he had done for ES Structure. -no evidence produced to this court to show that the learned Adjudicator has prior or existing relationships between himself and ES Structure in order to substantiate the allegation that the Adjudicator had not acted independently in arriving to his decision -Swaja has failed to prove on a balance of probabilities that there was denial of natural justice in the Adjudication Proceedings.
Practice Areas
- the learned Adjudicator did not consider or rely on any of the alleged fraudulent statements made by ES Structure in its Adjudication Reply. As such, it is my view that Swaja has failed to prove on a balance of probabilities that the AD has been improperly procured through fraud by ES Structure. -Adjudicator had provided Swaja similar extension of time to file its Adjudication Response as he had done for ES Structure. -no evidence produced to this court to show that the learned Adjudicator has prior or existing relationships between himself and ES Structure in order to substantiate the allegation that the Adjudicator had not acted independently in arriving to his decision -Swaja has failed to prove on a balance of probabilities that there was denial of natural justice in the Adjudication Proceedings.
Judges (1)
Case Significance
ES STRUCTURE SDN BHD v SWAJA FACADE SDN BHD is a High Court (Mahkamah Tinggi) decision dated March 16, 2025 (citation: ba-24c-31-07-2024). The case was decided by Sumathi a/p Murugiah.
Key issues: -Adjudicator had provided Swaja similar extension of time to file its Adjudication Response as he had done for ES Structure..
What was the outcome of ES STRUCTURE SDN BHD v SWAJA FACADE SDN BHD?
ES STRUCTURE SDN BHD v SWAJA FACADE SDN BHD is a High Court decision dated March 16, 2025. The case was heard by Sumathi a/p Murugiah. See the full judgment for details.