NAzlan Sulaiman J:

Introduction

[1] By Originating Summons No: WA-24C-163-10/2024 ("OS 163"),Sue Lye Construction Sdn Bhd ("SLC") is applying under s 28 of the Construction Industry Payment And Adjudication Act 2012 ("Act") to enforce an Adjudication Decision dated 15 September 2024 made in Adjudication Reference No: AIAC/D/ADJ-5363-2024 ("Adjudication Decision") which it obtained against Brilliant LTP Builders Sdn Bhd ("BLTP").

[2] By Originating Summons No: WA-24C-166-10/2024 ("OS 166"), BLTP is applying under ss 15(b) and (d) of the Act to set the Adjudication Decision aside.

[3] As a matter of prudence, I heard both Originating Summonses together. This Judgment is thus on both.

[4] Further as a matter of prudence, I will decide OS 166 first and then only OS 163, for the simple reason that, if the Adjudication Decision is set aside, then there will be nothing to enforce.

[5] An interesting facet of this case is that BLTP attempts to draw parallels with the decision of the Federal Court in Anas Construction Sdn Bhd v. JKP Sdn Bhd & another appeal 2024 MarsdenLR 4501 ; [2024] 2 MLJ 543; [2024] 2 CLJ 665 ("Anas Construction") and match them with the facts of this case, contendi