CASE UPDATE: Recommencement of CIPAA Proceeding if the Adjudication Decision is Set Aside

Wong Huat Construction Co v Ireka Engineering & Construction Sdn Bhd [2018] 7 MLJ 659

In this case, the High Court remarked that if an Adjudication Decision obtained pursuant to Construction Industry Payment and Adjudication Act 2012 (CIPAA) is successfully set aside pursuant to Section 15 of CIPAA, all parties will be restored to their original positions as though the earlier Adjudication did not take place.

As a result, the Unpaid Party / Claimant is entitled to re-commence a fresh CIPAA Proceeding instead of arbitrating / litigating the matter.

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