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2022 MarsdenLR 716

HIGH COURT MALAYA KUALA LUMPUR
WABINA CONSTRUCTIONS & ENGINEERING SDN BHD – Appellant
Versus
FULLOOP SDN BHD & OTHER CASES – Respondent


Petitioner Advocates:Lim Wooi Ying ,Respondent Advocate: K Sheela T Vinayaka Das,Priya Ranjani Muthusamy

JUDGMENT

Aliza Sulaiman J:

Introduction

[1] The parties in these suits had agreed for the following applications to be heard together:

(a) the application by Wabina Constructions & Engineering Sdn Bhd ('Wabina') pursuant to ss 15(b) and (d), 16(1) and 27 of the Construction Industry Payment and Adjudication Act 2012 [Act 746] ('CIPAA') read together with O 7, O 28, O. 69A and O 92, r 4 of the Rules of 2012 ('RC 2012') in Originating Summons No WA-24C-42-02/2022 ('O.S. No 42') to set aside the Adjudication Decision dated 27 January 2022 ('AD') by the learned Adjudicator, Mr Lee Yih ('Adjudicator') and for an interim stay of the AD until the full disposal of the instant application (encl 1; 'Setting Aside Application');

(b) the application by Wabina pursuant to s 16(1)(b) of the CIPAA and the same provisions of the RC 2012 as above stated in O.S. No. WA-24C-78-03/2022 ('O.S. No 78') to stay the execution and enforcement of the AD pending the hearing and full and final disposal of the arbitration proceedings between Wabina and the employer of the project, Seal Properties (KL) Sdn Bhd ('Seal') (encl 1; 'Stay Application'); and

(c) the application by Fulloop Sdn Bhd ('Fulloop') pursuant to


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