HOCK SENG TRADING & CONSTRUCTION v HONGLER ENTERPRISE SDN BHD

w-02ca-980-06-2024 Court of Appeal (Mahkamah Rayuan) 22 June 2025 • W-02(C)(A)-980-06/2024 • 15 min read
7 cases cited (0 SG, 7 foreign)

Catchwords

Building and Construction Law — Construction contract — Adjudication — Claimant sought to enforce adjudication decision (“AD”) — Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) — s 28 — Construction Industry Payment and Adjudication Act 2012 Building and Construction Law — Construction contract — Adjudication — Respondent sought to set aside AD — CIPAA — s 15 — Construction Industry Payment and Adjudication Act 2012 Civil Procedure — Parties— Proper parties to be sued — Whether proper to sue sole proprietor in his own name and to add below the name within brackets the name of the firm — Whether respondent was properly named at the adjudication proceedings — Whether action can be taken against a body that has no legal status — Whether the Adjudicator is clothed with the jurisdiction — Whether adjudication proceedings valid Civil Procedure — Jurisdiction — Defect in jurisdiction — Whether jurisdictional issue could be raised in subsequent proceedings.

Practice Areas

Building and Construction Law Civil Procedure

Judges (3)

Azimah binti Omar Coram Azizah binti Haji Nawawi Coram Utama Wan Ahmad Farid bin Wan Salleh Delivered

Counsel (7)

Kheng Hoe & Lee Yuen Firm Vilasiny Gan & Co. Firm Chan Kheng Hoe Counsel Respondent Gan Yi Yang Counsel Appellant Pung Kian Bang Counsel Respondent Vilasiny a/p Gannasen Counsel Appellant Yang Lee Yuen Counsel Respondent

Parties (2)

HONGLER ENTERPRISE Sdn Bhd Respondent Hock Seng Trading & Construction Appellant

Case Significance

HOCK SENG TRADING & CONSTRUCTION v HONGLER ENTERPRISE SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated June 22, 2025 (citation: w-02ca-980-06-2024). <p>Hock Seng Trading & Construction appealed the dismissal of its application to set aside a CIPAA adjudication decision obtained by Hongler Enterprise Sdn Bhd for work done on the West Coast Expressway privatisation project. The Court of Appeal dismissed the appeal, finding that the adjudication proceedings were void ab initio due to improper naming of the respondent party, which constituted a jurisdictional defect that could not be cured by participation in proceedings.</p> The panel comprised Azimah binti Omar, Azizah binti Haji Nawawi and Utama Wan Ahmad Farid bin Wan Salleh, with Utama Wan Ahmad Farid bin Wan Salleh delivering the judgment. Counsel appearing: Chan Kheng Hoe (counsel for respondent), Gan Yi Yang (counsel for appellant), Pung Kian Bang (counsel for respondent), Vilasiny a/p Gannasen (counsel for appellant), Yang Lee Yuen (counsel for respondent).

Key issues: Building and Construction Law — Construction contract — Adjudication — Respondent sought to set aside AD — CIPAA — s 15 — Construction Industry Payment and Adjudication Act 2012.

Summary

Hock Seng Trading & Construction appealed the dismissal of its application to set aside a CIPAA adjudication decision obtained by Hongler Enterprise Sdn Bhd for work done on the West Coast Expressway privatisation project. The Court of Appeal dismissed the appeal, finding that the adjudication proceedings were void ab initio due to improper naming of the respondent party, which constituted a jurisdictional defect that could not be cured by participation in proceedings.

What was the outcome of HOCK SENG TRADING & CONSTRUCTION v HONGLER ENTERPRISE SDN BHD?

<p>Hock Seng Trading & Construction appealed the dismissal of its application to set aside a CIPAA adjudication decision obtained by Hongler Enterpris...

Statutes Cited

Construction Industry Payment and Adjudication Act 2012
s 15
Rules of Court 2012
Specific Relief Act 1950 (Cap 137)

Cases Cited (7)

UK (1)
[1958] 1 All ER 289
MY (6)
[1997] MLJU 142 [1998] 1 MLJ 393 [2001] 4 MLJ 346 [2013] 4 MLJ 545 [2015] 11 MLJ 499 [2019] 2 CLJ 229