Azlan Sulaiman J

Introduction

[1] Connecting these two Originating Summons that I had directed to be heard together is an Adjudication Decision dated 26 November 2024 in Adjudication Proceedings Ref: AIAC/D/ADJ-5432-2024 ("AD 5432") that Greencon Resources Sdn Bhd ("Greencon") had obtained against Exyte Malaysia Sdn Bhd ("Exyte") under the Construction Industry Payment and Adjudication Act, 2012 ("Act").

[2] By Originating Summons No: WA-24C-198-12/2024 ("OS 198"), Exyte is seeking to set AD 5432 aside under ss 15(b), 15(c), 15(d) of the Act.

[3] By Originating Summons No: WA-24C-201-12/2024 ("OS 201"), Greencon is in turn invoking s 28 of the Act to enforce AD 5432 against Exyte.

[4] On 18 April 2024, Exyte and Greencon had amicably agreed to a stay of AD 5432 pending the disposal of OS 198. Thus, there is no issue of any stay of AD 5432 under s 16(1)(a) of the Act to be resolved.

[5] I had directed both Originating Summonses to be heard together as a matter of practicality given that they are in respect of the same AD 5432, albeit on opposite sides of the proverbial coin. This Judgment is thus on both.

[6] Further as a matter of prudence, I will consider and decide OS 198 firs