BINASTRA ABLEBUILD SDN BHD v KUMKANG KIND (M) SDN BHD

wa-22c-23-03-2024 High Court (Mahkamah Tinggi) 23 October 2025 • WA-22C-23-03/2024

Catchwords

This case concerns whether sections 13 and 37 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) give an adjudication decision finality so as to bar the Court from determining the same payment dispute. The Court held that an adjudication decision has only temporary finality, and litigation or arbitration will ultimately determine the dispute with full finality. Accordingly, the Court proceeded to determine afresh the parties’ rights concerning the nine invoices, rejected the plaintiff’s reliance on an alleged oral agreement, and allowed the defendant’s counterclaim.

Practice Areas

This case concerns whether sections 13 and 37 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) give an adjudication decision finality so as to bar the Court from determining the same payment dispute. The Court held that an adjudication decision has only temporary finality, and litigation or arbitration will ultimately determine the dispute with full finality. Accordingly, the Court proceeded to determine afresh the parties’ rights concerning the nine invoices, rejected the plaintiff’s reliance on an alleged oral agreement, and allowed the defendant’s counterclaim.

Judges (1)

Azlan bin Sulaiman Delivered

Parties (2)

BINASTRA ABLEBUILD Sdn Bhd Plaintiff KUMKANG KIND Sdn Bhd Defendant

Case Significance

BINASTRA ABLEBUILD SDN BHD v KUMKANG KIND (M) SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 23, 2025 (citation: wa-22c-23-03-2024). The case was decided by Azlan bin Sulaiman.

What was the outcome of BINASTRA ABLEBUILD SDN BHD v KUMKANG KIND (M) SDN BHD?

BINASTRA ABLEBUILD SDN BHD v KUMKANG KIND (M) SDN BHD is a High Court decision dated October 23, 2025. The case was heard by Azlan bin Sulaiman. See the full judgment for details.