Building and Construction Law
3 cases · November 2017 to June 2025
Case Volume by Year
1 17
2 25
2017–2025
Key Issues & Sub-Topics
Construction contract — Adjudication — Claimant sought to enforce adjudication decision (“AD”) — Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) — s 28 — Construction Industry Payment and Adjudication Act 2012 2 Construction contract — Adjudication — Respondent sought to set aside AD — CIPAA — s 15 — Construction Industry Payment and Adjudication Act 2012 2 Appeal — Adjudication award — Construction contracts — Payment disputes — Whether a jurisdictional challenge can be made any time by way of application or whether such an application can only be made upon the application to set aside an Adjudication Award — Application to challenge jurisdiction of the Adjudicator — Whether the Adjudicator has the right to exclude the defences of the appellant — Whether the exclusion of defence amounts to a denial of natural justice — Whether the Adjudicator had acted in breach of natural justice in excluding and refusing to consider certain defences — Application seeking the registration and enforcement of the adjudication decision as a judgment of the Court — Application to set aside and/or stay the award— Whether applications ought to be set aside and dismissed — Construction Industry Payment and Adjudication Act 2012 [Act 746], section 2, section 3, section 4, section 5, section 6, section 15, section 16, section 26, section 27, section 28, section 41 1
Construction contract — Adjudication — Claimant sought to enforce adjudication decision (“AD”) — Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) — s 28 — Construction Industry Payment and Adjudication Act 2012 2 cases
Construction contract — Adjudication — Respondent sought to set aside AD — CIPAA — s 15 — Construction Industry Payment and Adjudication Act 2012 2 cases
Appeal — Adjudication award — Construction contracts — Payment disputes — Whether a jurisdictional challenge can be made any time by way of application or whether such an application can only be made upon the application to set aside an Adjudication Award — Application to challenge jurisdiction of the Adjudicator — Whether the Adjudicator has the right to exclude the defences of the appellant — Whether the exclusion of defence amounts to a denial of natural justice — Whether the Adjudicator had acted in breach of natural justice in excluding and refusing to consider certain defences — Application seeking the registration and enforcement of the adjudication decision as a judgment of the Court — Application to set aside and/or stay the award— Whether applications ought to be set aside and dismissed — Construction Industry Payment and Adjudication Act 2012 [Act 746], section 2, section 3, section 4, section 5, section 6, section 15, section 16, section 26, section 27, section 28, section 41 1 case
Key Statutes
Construction
Industry Payment and Adjudication Act 2012
cited in 2 cases Specific Relief Act 1950 (Cap 137)
cited in 2 cases Rules of Court 2012
cited in 2 cases Court Distribution
Key People & Firms
Cases
w-02ca-1483-08-2024
HONGLER ENTERPRISE SDN BHD v CHAI HON SANG (berniaga sebagai HOCK SENG TRADING & CONSTRUCTION)
22 June 2025
MYCOA
w-02ca-980-06-2024
HOCK SENG TRADING & CONSTRUCTION v HONGLER ENTERPRISE SDN BHD
22 June 2025
MYCOA
02f-11-02-2017-w
VIEW ESTEEM SDN BHD … APPELLANT v BINA PURI HOLDINGS BERHAD … RESPONDENT
5 November 2017
MYFC