JUDGMENT

(2 Originating Summonses)

Wong Kian Kheong J:

A. Introduction

[1] By consent of both parties, the following two originating summonses (OS) are heard together:

(1) OS No BA-24C-48-08/2021 (Enforcement OS) has been filed by High Rise Millenium Sdn Bhd (HRM) against Pelangi Hartajaya Sdn Bhd (PH) for leave of court under s 28 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) to enforce an adjudication decision made on 11 June 2021 by Mr Wilson Ho Sheen Lik (Adjudicator) in favour of HRM against PH (Adjudication Decision); and

(2) PH has filed amended OS No BA-24C-56-09/2021 (Amended Stay OS) against HRM for a court order pursuant to s 16(1)(b) CIPAA to stay the enforcement of the Adjudication Decision pending the disposal of an arbitration between PH and HRM (Arbitration).

B. Background

[2] By way of a "Letter of Award" dated 25 August 2016 (LA), PH had appointed HRM as a contractor for substructure, superstructure and infrastructure works (Works) in a condominium project (Project).

[3] Clause 5(a) LA has provided that the form of contract between PH and HRM "shall be based on the "Agreement and Conditions of Building Contract, Private Edition Wit