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2020 MarsdenLR 1944

HIGH COURT OF MALAYA SHAH ALAM
ROSHA DYNAMIC SDN BHD – Appellant
Versus
MOHD SALEHHODIN SABIYEE & ORS AND OTHER CASES – Respondent


Petitioner Advocates:Abdul Rahim Ali ,Respondent Advocate: Abdullah AZ-Zubayr Awaluddin,Muhammad Nazmie Mohd Salehhodin,Nazrul Najib Mohd Salehhodin

Judgement Key Points

Yes, the court granted an interim stay.

  • The court granted a stay of enforcement of the adjudication decision (AD) pending disposal of the Setting Aside OS (Interim Stay Order), pursuant to s 16(1)(a) CIPAA (!) (!) .
  • This followed consent by both parties to hear the three OS together, including Rosha's Stay OS (!) (!) .
  • The Interim Stay Order lapsed upon delivery of the court's oral decisions on the Setting Aside OS (dismissed) and Enforcement OS (allowed) (!) (!) (!) (!) (!) .

JUDGMENT

(Three Originating Summonses)

Wong Kian Kheong J:

A. Introduction

[1] This judgment concerns the following three originating summonses (OS):

(1) OS no BA-64-81-07/2020 (Setting Aside OS) has been filed by Rosha Dynamic Sdn. Bhd. (Rosha) against three partners of a firm, "Maju Bena Enterprise" (Maju) to set aside an adjudication decision made on 22 January 2020 (AD) by an adjudicator, Ir Mark Seah Hock Nam (Adjudicator);

(2) the three partners of Maju have filed OS no BA-24C-91-09/2020 for leave of court to enforce the AD against Rosha (Enforcement OS); and

(3) Rosha has filed OS no BA-24C-95-10/2020 against the three partners of Maju to stay the enforcement of the AD pending the disposal of the Setting Aside OS (Stay OS).

For the sake of brevity, in this judgment I shall refer to the three partners of Maju collectively as "Maju".

B. Background

[2] Tenaga Nasional Bhd. (TNB) had appointed Rosha as a main contractor to build an electrical substation (Project).

[3] By way of a "Letter of Award" dated 27 July 2018 (LA), Rosha had appointed Maju to do "ground improvement works" in the Project (Works). The LA provided as follows, among others:

(1) Appendix B to the LA stated the rates for t


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