View Esteem Sdn Bhd v Bina Puri Holdings Bhd (Court of Appeal)

Judgment Date 22-Aug-16

Application Parties Grounds of application/Matters Claims/counterclaims Legal issue Deliberations on issue Grounds of Decision Decision
Application to set aside Appellant: View Esteem The court takes the view that the appeal has no merits, because: Appeal dismissed
the adjudicating order
as well as seeking for 1. The s41 appication to challenge the jurisdiction of the adjudicator is
stay of the adjudicating unsustainable for reasons stated earlier and ought to have been
decision dismissed in limine
2. The jurisdictional challenge was considered by th adjudicator and
the complaint was not entertained. The trial judge had also considered
the relevant issues and came to the conclusion that the complaint has
no merit
3. The application to set aside/stay the award was an embarassing as
well as a flawed application under s16 and the court ought to have
dismissed at limine and/or strike out the prayer for stay and proceeded
to hear only the prayer for setting aside
4. The learned trial judge has considered the relevant principles
relating to setting aside as well as stay and concluded that the
application must be dismissed.
5. The setting aside and stay application has no merits and rightly
dismissed by the trial court.