Bauer(Malaysia) Sdn Bhd v Pasukhas Sdn Bhd (BA-24C-2-01/2024)

High Court of Malaysia27 Sept 2024

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 27 Sept 2024
Case number: BA-24C-2-01/2024
Coram: YA Puan Sumathi a/p Murugiah
Practice area: Whether Plaintiff has discharged its burden on a balance of probabilities to prove to this court that there is a denial of natural justice by the Adjudicator in arriving to his decision. -Merely being unsatisfied with the Adjudicator’s decision cannot be a ground to set aside the AD. Whether that the Adjudicator had acted in excess of his jurisdiction when he had deliberated Defendant's claim based on the Final Account. -court is not able to accept Plaintiff’s argument that the Adjudicator’s powers are confined to deal with matters arising from non- 18 payment of progress/interim/payment certificates and not arising from final account
Version: Alasan Penghakiman 1
Published: 16 Dec 2024
Source ID: fd336dac-f1aa-4318-9014-b64187e67d4c

Catchwords

Whether Plaintiff has discharged its burden on a balance of probabilities to prove to this court that there is a denial of natural justice by the Adjudicator in arriving to his decision. -Merely being unsatisfied with the Adjudicator’s decision cannot be a ground to set aside the AD. Whether that the Adjudicator had acted in excess of his jurisdiction when he had deliberated Defendant's claim based on the Final Account. -court is not able to accept Plaintiff’s argument that the Adjudicator’s powers are confined to deal with matters arising from non- 18 payment of progress/interim/payment certificates and not arising from final account

Parties

BAUER(MALAYSIA) SDN BHD - applicant - ejudgment_parties
PASUKHAS SDN BHD - respondent - ejudgment_parties

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