In this article, we seek to examine the law in so far as the application of the decisions of the Federal Court of Malaysia in Ireka Engineering & Construction Sdn Bhd v PWC Corp Sdn and Ors (“Ireka”) and Jack-In- Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and Ors (“Bauer”), to adjudication proceedings which have been exhausted, wherein the construction contract was entered into prior to the introduction and coming into force of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”).

We make disclosure that Tan Sri Dato’ Cecil Abraham, Aniz Ahmad Amirudin and Shabana Farhana Amirudin of Messrs Cecil Abraham & Partners acted for Kining Exeton Sdn Bhd (“Kining”) in successfully opposing the application filed by Majlis Bandaraya Kuantan (“MBK”) to set-aside the adjudication decisions granted in favour of Kining before the High Court of Malaya (“High Court”) and Court of Appeal of Malaysia (“Court of Appeal”).