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2020 MarsdenLR 1530

HIGH COURT MALAYA SHAH ALAM
KONSESI KOTA PERMATAMAS SDN BHD – Appellant
Versus
TECH ART SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Sanjay Mohanasundram,Adam Lee Leong Soon,Kooy Wei Nee ,Respondent Advocate: K Selva Kumaran,Shankar Gunaratnam,Yau Jie Luan

JUDGMENT

Wong Kian Kheong J:

A. Introduction

[1] This judgment concerns the following two originating summonses (2 OS):

(1) OS No BA-24C-55-07/2018 (Konsesi Kota's OS) has been filed by Konsesi Kota Permatamas Sdn Bhd (Konsesi Kota) against Tech Art Sdn Bhd (Tech Art) for, among others, an order that an adjudication decision made on 6 June 2018 (AD) by an adjudicator, Mr Ong Chee Kwan (Adjudicator), in favour of Tech Art against Konsesi Kota, be set aside; and

(2) Tech Art has filed OS No BA-24C-64-08/2018 against Konsesi Kota (Tech Art's OS) for, among others, leave of court to enforce the AD against Konsesi Kota.

[2] Konsesi Kota and Tech Art had consented for the 2 OS to be heard together.

B. Background

[3] By way of a Letter of Award dated 8 May 2013 (LA), Konsesi Kota appointed Tech Art as the main contractor for a construction project (Project). The LA was accepted by Tech Art on 8 May 2013.

[4] The LA provided, among others, as follows:

(1) according to cl 4, Konsesi Kota and Tech Art shall use "Agreement and Conditions of Building Contract (Private Edition Without Quantities - Edition 2006)" issued by "Pertubuhan Arkitek Malaysia" (PAM Contract); and

(2) clause 5 (cl 5) states, among


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