Econpile (M) Sdn Bhd v ASM Development (KL) Sdn Bhd (and Another Appeal) [2024] 3 AMR 933, FC

Contract – Adjudication and payment dispute – Adjudication decision – Stay of – Court of Appeal upheld enforcement of adjudication decision and rejected setting aside of the same – Stay granted – Whether stay could be granted under s 16(1)(b) of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") after adjudication decision enforced as order of court under s 28 of the CIPAA – Whether Court of Appeal in granting stay had acted in excess of its jurisdiction – Whether principles enunciated in View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2017] 8 AMR 167 must be followed – Companies Act 2016, s 466(1) – Construction Industry Payment and Adjudication Act 2012, ss 15(b), (d), 16, 16(1), (1)(b), 28

JDI Builtech (M) Sdn Bhd v Danga Jed Development Malaysia Sdn Bhd (dulu dikenali sebagai Greenland Danga Bay Sdn Bhd) [2024] 3 AMR 954, CA

Contract – Construction contract – Direct payment from principal – Appeal against – High Court dismissed subcontractor's application for direct payment under s 30 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") from principal – Whether subcontractor discharged burden of proof to show that there was money due and payable by principal to main contractor – Whether evidence of money due and payable merely based on previous direct payments – Whether fear of double recovery valid ground for dismissal of direct payment application – Construction Industry Payment and Adjudication Act 2012, ss 28, 29, 30, 30(1), (5)

Dan Vance Kimball v Roxande Michelle Kimball & 3 Ors [2024] 3 AMR 990, HC

Trusts and trustees – Constructive and resulting trust – Breach of trust – Wrongful transfer – Husband alleged misutilisation of family trust properties and assets by wife, allegedly held jointly according to foreign laws – Whether resulting or constructive trust exists between parties – Whether breached – Whether husband had locus standi to claim for trust properties and assets – Whether trust properties and assets jointly held by parties – Whether wife misappropriated trust properties and assets

Elo Water Pte Ltd v Robert Lyons & 10 Ors [2024] 3 AMR 1020, HC

Arbitration – Arbitration agreement – Stay of proceedings pending reference to arbitration – Whether steps in the proceedings taken by applicant – Whether agreements contained arbitration clauses – Based on doctrine of forum non conveniens, whether appropriate for other tribunal and court of competent jurisdiction to decide on plaintiff's claim – Whether High Court had jurisdiction to hear plaintiff's claim under s 23 of the Courts of Judicature Act 1964 – Whether arbitration agreement prevailed over said jurisdiction – Whether non-parties to agreements could be made parties to arbitration – Whether stay application ought to be allowed – Arbitration Act 2005, s 10 – Courts of Judicature Act 1964, s 23, 23(1)

Civil procedure – Courts – Forum conveniens – Application for stay of proceedings pending reference to arbitration – Based on doctrine of forum non conveniens, whether appropriate for other tribunal and court of competent jurisdiction to decide on plaintiff's claim – Whether High Court had jurisdiction to hear plaintiff's claim under s 23 of the Courts of Judicature Act 1964 – Whether arbitration agreement prevailed over said jurisdiction – Whether stay application ought to be allowed – Arbitration Act 2005, s 10 – Courts of Judicature Act 1964, s 23, 23(1)