CIP GROUP SDN BHD v PERANDIK SDN BHD
Catchwords
Enclosure 1. CONSTRUCTION LAW – Construction Industry Payment and Adjudication Act 2012 (CIPAA) – Adjudication decision – Application to set aside – Section 15(b) & (d) CIPAA –Excess of jurisdiction – Alleged non-compliance with s.5(2)(a) (due date for payment) –Whether incorrect or miscalculated due date renders payment claim invalid – Whether failure to raise jurisdictional objection during adjudication precludes reliance at setting-aside stage –Distinction between absence of due date and minor miscalculation – “Pay now, argue later” principle – Technical objections – Whether adjudication decision a nullity – Section 5(2)(b) CIPAA – Requirement to identify cause of action – Whether express pleading of “breach of contract” required –Substance over form – Holistic reading of payment claim –Jurisdiction vs merits – Federal Court guidance in Anas Construction – Whether the adjudicator acted in excess of jurisdiction – Section 28 CIPAA – Enforcement of adjudication decision as judgment of court –Conditions for enforcement – Discretion of court – Enforcement allowed with costs
Practice Areas
Judges (1)
Case Significance
CIP GROUP SDN BHD v PERANDIK SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 13, 2025 (citation: wa-24c-102-05-2025). The case was decided by Rajes Raghavji.
Key issues: Section 28 CIPAA – Enforcement of adjudication decision as judgment of court –Conditions for enforcement – Discretion of court – Enforcement allowed with costs.
What was the outcome of CIP GROUP SDN BHD v PERANDIK SDN BHD?
CIP GROUP SDN BHD v PERANDIK SDN BHD is a High Court decision dated October 13, 2025. The case was heard by Rajes Raghavji. See the full judgment for details.