The year 2019 witnessed a myriad of statutory adjudication
disputes in Malaysia. The surge in the number of disputes involving
the statutory adjudication mechanism in the Construction Industry
Payment and Adjudication Act 2012
("CIPAA") has also led to a significant
number of consequential challenges to adjudication decisions in the
courts. This article highlights the notable pronouncements by the
Malaysian courts in 2019 and their effect on the future application
of CIPAA.
A. PROSPECTIVE EFFECT OF CIPAA
Top of the charts, the noteworthy saga of appeals of
Jack-In Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and
another appeal [2020] 1 MLJ 174
("Jack-In Pile") and
Ireka Engineering & Construction Sdn Bhd v PWC Corp
Sdn Bhd and other appeals [2020] 1 MLJ 311
("Ireka") marked the beginning
of a dramatic departure from the retrospective effect of CIPAA
since its enactment in April 2014.
