JUDGMENT

(2 Originating Summonses)

Sumathi Murugiah JC:

A. Introduction

[1] In April 2023, Tera Va Sdn Bhd (TV) had commenced Adjudication Proceedings pursuant to the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) against the Ayam Bintang Sdn Bhd (AB) to claim a sum of RM294,750.00 being the unpaid sum arising from the completion of Phase 1 works based on a construction contract made between them. The Adjudicator decided in favour of the Defendant in her Adjudication Decision (AD).

[2] As a result of the AD, the followings were filed by the parties:

(i) OS No BA-24C-55-08/2023 (Enforcement OS) was filed by AB for a court order to enforce the AD pursuant to s 28 of CIPAA 2012; and

(ii) OS No BA-24C-60-08/2023 (Setting Aside OS) was filed by TV to set aside the AD.

[3] Since there are 2 OSs filed in relation to this AD, the parties agreed to having both the OSs heard together and for the decision to be delivered together. For ease of reference the parties will be referred to henceforth with the acronym of TV and AB respectively.

B. Brief Background

[4] TV was appointed by AB to install a Solar Photovoltaic (PV) Solution ("SPS") at its premise located at Kuantan, Pahang