Granstep Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd (BA-24C-9-02/2024)

High Court of Malaysia10 Sept 2024

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 10 Sept 2024
Case number: BA-24C-9-02/2024
Coram: YA Puan Sumathi a/p Murugiah
Practice area: Whether Granstep is entitled to set-off or not, does not change the fact that PBB is the “unpaid party” by the definition given in the CIPAA 2012. Section 15(b) of the CIPAA 2012 a denial of natural justice. , the issue relating to set-off for LAD has been extensively deliberated by the Adjudicator in her decision. By reason of Section 13(c) of the CIPAA 2012, any alleged error/omission in the merits of the AD including the issues raised as defence and counterclaim can be determined in another forum of resolution, in this case the already commenced Arbitration. Just merely stating its fears of the Arbitration Award being rendered nugatory does not constitute a special circumstance. All 3 conditions for court to exercise its discretion to grant leave under Section 28(1) and (2) of the CIPAA 2012 have been satisfied
Version: Alasan Penghakiman 1
Published: 5 Nov 2024
Source ID: 114cd3e5-41cd-4fa2-a6b3-661590b935f9

Catchwords

Whether Granstep is entitled to set-off or not, does not change the fact that PBB is the “unpaid party” by the definition given in the CIPAA 2012. Section 15(b) of the CIPAA 2012 a denial of natural justice. , the issue relating to set-off for LAD has been extensively deliberated by the Adjudicator in her decision. By reason of Section 13(c) of the CIPAA 2012, any alleged error/omission in the merits of the AD including the issues raised as defence and counterclaim can be determined in another forum of resolution, in this case the already commenced Arbitration. Just merely stating its fears of the Arbitration Award being rendered nugatory does not constitute a special circumstance. All 3 conditions for court to exercise its discretion to grant leave under Section 28(1) and (2) of the CIPAA 2012 have been satisfied

Parties

GRANSTEP DEVELOPMENT SDN BHD - applicant - ejudgment_parties
PEMBINAAN BINA BUMI SDN BHD - respondent - ejudgment_parties

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