ECONPILE (M) SDN BHD v. ASM DEVELOPMENT (KL) SDN BHD & ANOTHER APPEAL

[2024] 4 MLRA 1
Federal Court, Putrajaya
Abdul Rahman Sebli CJSS, Zabariah Mohd Yusof, Hasnah Mohammed Hashim FCJJ
[Civil Appeal Nos: 02(f)-2-01-2023(W) & 02(f)-34-05-2023(W)]
Abdul Rahman Sebli CJSS, Zabariah Mohd Yusof, Hasnah Mohammed Hashim FCJJ

JUDGMENT

Hasnah Mohammed Hashim FCJ:

[1] The appeals before us raised questions of significance relating to an application for a stay under s 16 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) in particular whether a stay can be granted under s 16(1)(b) CIPAA after the adjudication decision is enforced under s 28 CIPAA as an Order of the Court.

[2] In Appeal No. 02(f)-2-01/2023 (W), the questions for this Court's determination are as follows:

Question 1

Whether an adjudication decision, after having been enforced pursuant to s 28 of CIPAA 2012 as an Order of the Court can be stayed pursuant to s 16(1)(b) of the CIPAA 2012.

Question 2

Whether the Court of Appeal in so deciding to allow the stay application pursuant to s 16(1)(b) CIPAA 2012 has overruled or disagreed, or gone beyond the ratio decidendi of the Federal Court decision in View Esteem Sdn Bhd v. Bina Puri Holdings Sdn Bhd [2018] 1 MLRA 460.

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