Pung Tiong Gee & Anor v Fortune Facade Treatment Sdn Bhd

Appellant(s):

• Pung Tiong Gee
• Pung Tiong Cheng

Respondent(s): Fortune Facade Treatment Sdn Bhd

• YA Dato' Lim Chong Fong
• YA Datuk Dr Lim Hock Leng
• YA Dato' Sri Latifah Binti Haji Mohd Tahar

• The Appellants, a partnership trading as Pung & Tee Aluminium Work, were sub-contractors for facade works.
• The Respondent, the main contractor, had its contract terminated, and the Appellants were subsequently appointed to take over remaining works through another company they owned.
• The Appellants had previously issued a statutory demand for certified amounts, which led to a winding-up petition that was later settled and discontinued.

• Whether the Adjudication Decision was improperly procured due to denial of natural justice, the adjudicator not acting independently, or acting in excess of jurisdiction.
• Whether the second legal claim, concerning uncertified sums, was barred by the doctrine of res judicata, given a prior settlement of certified sums.
• Whether the Adjudicator's directions regarding security deposits and the admission of an incomplete response constituted a denial of natural justice.

• The Court of Appeal affirmed the High Court's decision to set aside the Adjudication Decision on the grounds of denial of natural justice, the adjudicator acting in excess of jurisdiction, and not acting impartially.
• The Court found that barring the filing of an Adjudication Response due to non-payment of a security deposit was improper and a denial of the statutory right to be heard.
• The Court disagreed with the High Court's finding of res judicata, holding that the second claim for uncertified sums was distinct from the first claim for certified sums that was settled in winding-up proceedings.