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HIGH COURT MALAYA KUALA LUMPUR
PWC CORPORATION SDN BHD – Appellant
Versus
IREKA ENGINEERING & CONSTRUCTION SDN BHD & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. overview of claims and applications regarding payment and adjudication. (Para 1 , 2 , 4 , 5 , 8) |
| 2. the appellant seeks enforcement of the adjudication decision under cipaa. (Para 3) |
| 3. the respondent claims set-offs and asserts breaches of natural justice. (Para 10 , 18 , 20) |
[1] PWC Corporation Sdn Bhd ("PWC") had filed an Originating Summons No WA-24C-107-06-2017 dated 21 June 2017 ("Enforcement Application") to enforce an Adjudication Decision and Ireka Engineering & Construction Sdn Bhd ("Ireka") had subsequent to the Enforcement Application, filed an Originating Summons No WA-24C-117-07-2017 ("Setting Aside and Stay Application").
[2] The Enforcement Application was filed by PWC to enforce, under s 28 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA 2012") an Adjudication Decision by the Adjudicator dated 5 June 2017.
[3] The Setting Aside & Stay Application was filed by Ireka to set aside the Adjudication Decision, and if this is not granted by this Court, an alternative order for stay of the Adjudication Decision.
[4] The application was made under ss 15 and 16 of the CIPAA by Ireka in respect of the Setting Aside & Stay Application.
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