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

Construction Law

Judges (1)

Azlan bin Sulaiman Delivered

Parties (2)

BINASTRA ABLEBUILD Sdn Bhd Plaintiff KUMKANG KIND Sdn Bhd Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-23-03-2024)