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1999 MarsdenLR 778

HIGH COURT MALAYA KUALA LUMPUR
GASING HEIGHTS SDN BHD – Appellant
Versus
PILECON BUILDING CONSTRUCTION SDN BHD – Respondent


Petitioner Advocates:HL Goh ,Respondent Advocate: N Sivananthan

JUDGMENT

Faiza Tamby Chik J:

[1] This is an originating motion dated 2 September 1999 (encl 1) seeking inter alia orders that Interim Award No: 2:

(a) be set aside, or

(b) be remitted to the learned arbitrator for reconsideration.

[2] Interim Award No: 2 is set out in the applicant's affidavit dated 7 September 1999 (encl 2 p 85 exh CSH-11). Gasing Heights Sdn Bhd, the applicant in this originating motion ("the applicant") is the owner and developer of a project known as:

Carrying out and Completing the Main Building Works of the Proposed Condominium Development (Phase 2) on sub-lots PT 625-632, 641-643 and 645-648, Section 5, Mukim 5, Petaling Jaya, Selangor Darul Ehsan ("Project").

and the respondent, Pilecon Building Construction Sdn Bhd., the respondent in this originating motion ("respondent"), is a contractor by business and trade.

[3] Pursuant to a building contract dated 2 March 1994 ("building contract"), which incorporated the standard PAM Form 1969 edition ("PAM Form"), the applicant appointed the respondent as contractor to carry out the works for the project ("project works"). Disputes arose between the applicant and the respondent with respect to the building contract and the

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