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Cases

ANAS CONSTRUCTION SDN BHD v. JKP SDN BHD & ANOTHER APPEAL
Federal Court, Putrajaya
Abdul Rahman Sebli CJSS, Mary Lim Thiam Suan, Nordin Hassan FCJJ
[Civil Appeal Nos: 02(f)-3-01-2023(P) & 02(f)-4-01-2023(P)]
8 January 2024
[2024] 2 MLRA 399

JUDGMENT

Nordin Hassan FCJ (majority):

[1] Anas Construction Sdn Bhd ("the appellant") filed two appeals before this Court against the decisions of the Court of Appeal. Civil Appeal No 02(f)- 3-01-2023(P) is against the decision of the Court of Appeal to set aside the decision of the High Court to allow the enforcement of the Adjudication Decision dated 12 September 2019 under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA"). Civil Appeal No 02(f)-4-01-2023(P) is against the decision of the Court of Appeal in setting aside the decision of the High Court in dismissing the respondent's application to set aside the said Adjudication Decision.

[2] This Court on 3 January 2023 had granted the appellant's leave to appeal on the following questions of law, namely:

(i) Do the strict rules of pleadings, as applicable in civil claims before the Malaysian Courts, apply in adjudicating proceedings under the Construction Industry Payment and Adjudication Act 2012?

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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