JUDGMENT

Zaleha Rose Pandin J:

Introduction

[1] This is an application by way of Originating Summons [Enclosure 1] 25 filed by the Plaintiff to set aside the Adjudication Decision dated 13 June 2022 pursuant to s 15(b) and/or s 15(c) and/or s 15(d) of the Construction Industry Payment & Adjudication Act 2012 (Act 746).

[2] The decision was made by the Adjudicator, Garth Rodney Mccomb in Adjudication Reference No AIAC/D/ADJ-4069-2022 between Crest Realty Sdn Bhd [Company Registration No 200501004773 (681820-K)] and Daya Builders Sdn Bhd [Company Registration No 1975010000255 (22453-H)].

Brief Backgrounds

[3] The Plaintiff, DAYA BUILDERS SDN. BHD. is a private limited company incorporated under the Companies Act 1965 (now as Companies Act 2016) carrying on business in the nature of building construction, trading of housing materials and marketing agent.

[4] The Defendant, CREST REALTY SDN. BHD. is a private limited company incorporated under the Companies Act 1965 (now as Companies Act 2016) carrying on business in the nature of general construction and property development, supply of cleaning products and chemical.

[5] The Defendant entered into a Contract with the Plaintiff on 3 July 2017