TANJUNG RATNA SDN BHD v SLG CONSTRUCTION SDN BHD
Catchwords
Enclosure 1. CONSTRUCTION LAW – Construction Industry Payment and Adjudication Act 2012 (CIPAA) – Adjudication decision – Application to set aside – Section 15(b) CIPAA – Alleged denial of natural justice – Scope of court’s supervisory jurisdiction – Distinction between procedural fairness and merits review – Failure to consider submissions – Presumption that adjudicator considered all materials – Materiality of alleged breach – Whether adjudicator required to address every argument or evidence – Whether alleged errors of fact, law or contractual interpretation are grounds for setting aside – Stay of adjudication decision – Section 16(1)(b) CIPAA – Stay pending arbitration – Whether the existence of parallel arbitration sufficient – Clear and unequivocal error – Threshold – Justice of the case – Balance between cashflow objective and parties’ substantive rights – Financial standing of successful party – Whether adjudication process rendered nugatory – Section 28 CIPAA – Enforcement of adjudication decision as judgment of court – Prerequisites for enforcement – Adjudication decision not set aside or stayed – Court’s limited discretion –
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24c-157-10-2025)