Era Universe Development Sdn Bhd v Ken Lip Construction & Trading Sdn. Bhd
8 cases cited
(0 SG, 8 foreign)
Outcome
Thus, I allow Ken Lip’s application in Enclosure 1 with no order as to costs.
Catchwords
Construction Industry Payment and Adjudication Act 2012 – two separate cases i.e. to enforce and to set aside the Adjudication Decision Reference to English cases - Malaysian courts should not simply refer to English cases, but rather ought to search for local court decisions as preference Cause of action - cause of action founded on a contract accrues on the date of its breach Enforcement of adjudication decision – when adjudication decision has not been set aside or stayed, that there is no written settlement of the subject matter between the parties, or that there is no final decision rendered on the payment claim, whether made in arbitration or by a court of law - once these matters are established as matters of fact, the order to enforce ought to be granted
Practice Areas
Judges (1)
Counsel (4)
Statutes Cited
Limitation Act 1953 (Cap 254)
Rules of Court 2012
Cases Cited (8)
UK (4)
[2005] 1 WLR 3850 [2005] 3 All ER 832 [2005] EWCA Civ 814 [2022] EWCA Civ 1699
MY (4)
[1971] 1 MLJ 32 [2014] 1 CLJ 207 [2014] 2 MLJ 749 [2019] 2 CLJ 229
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-24c-22-08-2023)