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2021 MarsdenLR 3179

HIGH COURT SABAH & SARAWAK KUCHING
JUMSAR (SARAWAK) SDN BHD – Appellant
Versus
ROBIN DOCKYARD & ENGINEERING SDN BHD – Respondent


Petitioner Advocates:Lesley Ling ,Respondent Advocate: Alvin Yong

DECISION

Alexander Siew How Wai JC:

[1] In KCH-24C(ARB)-1-2-2020(HC1), the Plaintiff Jumsar (Sarawak) Sdn Bhd ("Jumsar") had applied by way of Originating Summons (encl 1) to set aside an Adjudication Decision against it and in favour of the Defendant Robin Dockyard & Engineering Sdn Bhd ("Robin Dockyard").

[2] In addition, Jumsar had applied for a stay (Enclosure 3).

[3] In KCH-24NCvC-2/1-2020 (HC2), Robin Dockyard in turn had applied by way of Originating Summons (encl 1) for enforcement of the Adjudication Decision under s 28 of the CIPA Act 2012 .

[4] The various applications referred to above were heard together.

[5] On August 12, 2020 this Court dismissed Jumsar's application to set aside the Adjudication Decision and application for a stay and allowed Robin Dockyard's application to enforce the Adjudication Decision.

Background

[6] Jumsar was the sub-contractor for the Kuching Waterfront Darul Hana Musical Fountain Project (the "Project").

[7] Robin Dockyard was a sub-contractor of Jumsar, sub-contracted to supply and install a floating pontoon (the "Floating Pontoon").

Primary Dispute

[8] The primary dispute between the parties which led to the adjudication proceedings and the instan


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