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2020 MarsdenLR 878

HIGH COURT MALAYA KUALA LUMPUR
ECONPILE (M) SDN BHD – Appellant
Versus
ASM DEVELOPMENT (KL) SDN BHD – Respondent


Petitioner Advocates:Lam Wai Loon,Serene Hiew Mun Yi,Pan Yan Teng ,Respondent Advocate: Edwin Lim,Ng Sim Hong

JUDGMENT

Aliza Sulaiman J:

Introduction

[1] By consent of the parties, three applications were heard together. These are-

(a) the application by Econpile (M) Sdn Bhd ('Econpile') in the Amended Originating Summons ('O.S.') No. WA-24C-113- 07/2019, which was first dated 1 July 2019 and thereafter re-dated as 17 September 2019, to enforce the Adjudication Decision made by the learned Adjudicator, Mr Rajendra Navaratnam on 21 June 2019 and the Supplementary Decision dated 7 August 2019 (collectively referred to as the 'said Adjudication Decision') pursuant to s 28 of the Construction Industry Payment and Adjudication Act 2012 [Act 746] ('CIPAA') and O 69A, r 5 of the Rules of 2012 ('RoC 2012') and/ or the inherent jurisdiction of the Court ('Enforcement Application');

(b) the application by ASM Development (KL) Sdn Bhd ('ASM') in O.S. No. WA-24C-118-07/2019 for the said Adjudication Decision to be stayed pending the conclusion of the arbitration where the provisions referred to in the intitulement are s 16 CIPAA, O 7 rr 2 and 3, and O 69A, r 4 RoC 2012 ('Stay Application'); and

(c) ASM's application in O.S. No. WA-24C-173-09/2019 to set aside the said Adjudication Decision pursuant to s 1


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