Section 25 of the Construction Industry Payment and Adjudication Act (CIPAA) 2012 lists adjudicators’ extensive powers in adjudication proceedings, including the power to award financing costs and interest. The recent high court decision in First Commerce Sdn Bhd v Titan Vista Sdn Bhd and another case(1) examined the extent of an adjudicator’s powers to determine remedies and interest in unique circumstances where a payment clause was void and the default statutory implied payment provision in the CIPAA was pleaded.
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Last Thursday, 20 May 2021, the Federal Court in Mohammad Hafiz bin Hamidun v. Kamdar Sdn Berhad(1) was invited to answer the following question of law:
The Federal Court decision in Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd confirms that remedies in a statutory oppression action may extend to the directors of the subject company and third parties.
