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2020 MarsdenLR 1702

HIGH COURT MALAYA KUALA LUMPUR
SAMADO SDN BHD – Appellant
Versus
KERAJAAN MALAYSIA & ANOTHER CASE – Respondent


Petitioner Advocates:Nur Hamizah Hamzah ,Respondent Advocate: Nur Irmawatie Daud

JUDGMENT

Aliza Sulaiman JC:

Introduction

[1] Two applications came up before this court for hearing; the first is the application by Samado Sdn Bhd (SSB) vide Originating Summons (OS) No. WA-24C-99-06-2019 filed on 12 June 2019 for enforcement of the Adjudication Decision made on 12 March 2019 by the learned Adjudicator, Sr Maria Binti Othman (said Decision) as an order or judgment of the court pursuant to s 28 of the Construction Industry Payment and Adjudication Act 2012 [Act 746] (CIPAA); and second, the application by the Government of Malaysia (GoM) vide OS No: WA-24C-121-07-2019 filed on 9 July 2019 to set aside the said Decision under s 15(b) and/or (d) CIPAA, O 7 r 28 and O 69A rr 1, 2 &3 of the Rules of 2012 (RoC 2012).

[2] Having read the OS, affidavits and written submissions filed, I am of the considered view that there are no merits in GOMs application to set aside the said Decision. Therefore, SSBs application in OS No: WA-24C-99-06-2019 was allowed with cost of RM3,000.00 while the GOMs application in OS No: WA-24C-121-07-2019 was dismissed with cost of RM5,000.00. Both orders as to costs are subject to allocatur.

[3] The GoM has appealed against my decision as aforesai

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