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2020 MarsdenLR 534

HIGH COURT MALAYA KUALA LUMPUR
GENTING MALAYSIA BERHAD – Appellant
Versus
PLM INTERIORS SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Ivan Y F Loo,Loshini Ramarmurty,Joanna Tan Li Pheng ,Respondent Advocate: P Gananathan,Audrey Sin Man Yee,Lock Jun Qi

JUDGMENT

Lim Chong Fong J:

Introduction

[1] There are cross applications to set aside and enforce an adjudication decision made pursuant to the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

[2] The Plaintiff in Originating Summons No: WA-24C-204-10/2019 ("OS 1") and the Defendant in Originating Summons No: WA-24C-182-09/2019 ("OS 2") is a public limited company involved in integrated resort business in Genting Highlands.

[3] The Defendant in OS1 and the Plaintiff in OS2 is a private limited company involved in interior fit-out business.

[4] For purposes of this decision, the parties are referred to as Genting and PLMI respectively for ease of reference.

Background Facts

[5] By letter of award dated 21 October 2016 which incorporated the PAM Conditions of Building Contract (2006 ed) ("Contract"), Genting appointed PLMI as the contractor to design, fabricate, supply, deliver, install, test, commission and maintain the Fox Plaza Themed Façade and Common Area Works ("Works") for the proposed Twentieth Century Fox World at Resorts World Genting project ("Project").

[6] During the course of the construction of the Project, PLMI did not complete the Works within the extended


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