Es Structure Sdn Bhd v Swaja Facade Sdn Bhd (BA-24C-31-07/2024)

High Court of Malaysia17 Mar 2025

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 17 Mar 2025
Case number: BA-24C-31-07/2024
Coram: YA Puan Sumathi a/p Murugiah
Practice area: - the learned Adjudicator did not consider or rely on any of the alleged fraudulent statements made by ES Structure in its Adjudication Reply. As such, it is my view that Swaja has failed to prove on a balance of probabilities that the AD has been improperly procured through fraud by ES Structure. -Adjudicator had provided Swaja similar extension of time to file its Adjudication Response as he had done for ES Structure. -no evidence produced to this court to show that the learned Adjudicator has prior or existing relationships between himself and ES Structure in order to substantiate the allegation that the Adjudicator had not acted independently in arriving to his decision -Swaja has failed to prove on a balance of probabilities that there was denial of natural justice in the Adjudication Proceedings
Version: Alasan Penghakiman 1
Published: 21 May 2025
Source ID: b44b7e91-d525-4156-804d-9e0d057d07eb

Catchwords

- the learned Adjudicator did not consider or rely on any of the alleged fraudulent statements made by ES Structure in its Adjudication Reply. As such, it is my view that Swaja has failed to prove on a balance of probabilities that the AD has been improperly procured through fraud by ES Structure. -Adjudicator had provided Swaja similar extension of time to file its Adjudication Response as he had done for ES Structure. -no evidence produced to this court to show that the learned Adjudicator has prior or existing relationships between himself and ES Structure in order to substantiate the allegation that the Adjudicator had not acted independently in arriving to his decision -Swaja has failed to prove on a balance of probabilities that there was denial of natural justice in the Adjudication Proceedings

Parties

ES STRUCTURE SDN BHD - applicant - ejudgment_parties
SWAJA FACADE SDN BHD - respondent - ejudgment_parties

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