Setiakon Builders Sdn Bhd v Mayfair Ventures Sdn Bhd (BA-24C-23-06/2024)

High Court of Malaysia6 Dec 2024BA-24C-23-06/2024

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 6 Dec 2024
Case number: BA-24C-23-06/2024
Coram: YA Puan Sumathi a/p Murugiah
Practice area: Whether Mayfair has discharged its burden on a balance of probabilities to prove to this court that there has been a denial of natural justice by the Adjudicator and or that the Adjudicator had acted in excess of her jurisdiction. Mayfair’s allegation that the Adjudicator had failed to consider the issues raised by it at the Adjudication Proceedings and as such had breached the principles of natural justice is totally 15 unsubstantiated and unfounded. Whether the Adjudicator’s decision is correct or not, it is not for this court to decide as this is not an appeal. It is not for this court to interfere on the merits of the Adjudicator’s findings in arriving to her decision. Mayfair has failed to discharge its burden to prove on a balance of probabilities that the Learned Adjudicator had acted in excess of jurisdiction in arriving to the AD
Version: Alasan Penghakiman 1
Published: 22 Jan 2025
Source ID: 819f01a9-e2da-4ee2-a925-70af5fbbe774

Catchwords

Whether Mayfair has discharged its burden on a balance of probabilities to prove to this court that there has been a denial of natural justice by the Adjudicator and or that the Adjudicator had acted in excess of her jurisdiction. Mayfair’s allegation that the Adjudicator had failed to consider the issues raised by it at the Adjudication Proceedings and as such had breached the principles of natural justice is totally 15 unsubstantiated and unfounded. Whether the Adjudicator’s decision is correct or not, it is not for this court to decide as this is not an appeal. It is not for this court to interfere on the merits of the Adjudicator’s findings in arriving to her decision. Mayfair has failed to discharge its burden to prove on a balance of probabilities that the Learned Adjudicator had acted in excess of jurisdiction in arriving to the AD

Parties

SETIAKON BUILDERS SDN BHD - applicant - ejudgment_parties
MAYFAIR VENTURES SDN BHD - respondent - ejudgment_parties

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Catchwords