TANDEX CHEMICALS SDN BHD v BOILERMASTER SDN BHD

wa-24c-76-04-2025 High Court (Mahkamah Tinggi) 3 November 2025 • WA-24C-76-04/2025

Catchwords

Enclosure 1. CONSTRUCTION LAW: Adjudication decision – Application for stay under s.16 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) – Discretionary nature of stay – Parallel court proceedings as threshold but not determinative – Whether “clear and unequivocal error” established so as to prick the conscience of the court – Whether stay may be granted under s.16(1)(b) in absence of application to set aside under s.15 CIPAA – Whether merits-based challenge is permissible at stay and enforcement stage – Balance of convenience and special circumstances – “Pay now, argue later” principle – Enforcement of adjudication decision under s.28 CIPAA as order of court

Practice Areas

Construction Law

Judges (1)

Rajes Raghavji Delivered

Parties (2)

BOILERMASTER Sdn Bhd Respondent TANDEX CHEMICALS Sdn Bhd Applicant

Judgment

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Read on eJudgment

Source: eJudgment (wa-24c-76-04-2025)