This article dissects the Court of Appeal’s ruling in Hock Seng Trading & Construction v Hongler Enterprise and another appeal [2025] MLJU 1820, where the court took an uncompromising stance: a mere misnaming in an adjudication proceeding was deemed a fatal jurisdictional defect, voiding the entire process.
To highlight the stakes, the discussion contrasts Malaysia’s strict approach with the Singapore High Court’s more pragmatic reasoning in Sito Construction Pte Ltd v PBT Engineering Pte Ltd [2019] SGHC 7, which favoured flexibility over formality.
Authors:
Allen Cheng, Partner
Joel Low, Associate