(Enclosure 5)

Introduction

[1] The Plaintiff had by way of encl 5 (Encl 5) and pursuant to s 16 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") and/or O 69A r 4 of the Rules of court 2012 applied to stay the Adjudication Decision dated 9 February 2023 ("AD") granted in favour of the Defendant pending the final disposal of the arbitration proceedings between the Plaintiff and the Defendant commenced by way of Notice of Arbitration dated 28 April 2023.

[2] The grounds in support of encl 5 were inter alia as follows:

2.1 Pursuant to a Letter of Award dated 14 May 2014 ("LOA") and subsequently Articles of Agreement dated 13 April 2015 incorporating the Conditions of Building Contract (Private Edition Without Quantities - PAM Revised 2006) ("Contract") for the Construction and Completion of Basement and G