Wong Kian Kheong J:

A. Introduction

[1] By consent of both parties, the following two originating summonses (OS) are heard together:

(1) OS No: BA-24C-61-06-2019 (Setting Aside OS) has been filed by Gumi Asli Elektrikal Sdn Bhd (Gumi) against Dazzling Electrical Sdn Bhd (Dazzling) for a court order to set aside an Adjudication Decision made on 18 December 2018 (AD) by an adjudicator, Ms Christine Khor Meow Wei (Adjudicator); and

(2) Dazzling has instituted OS No: BA-24C-78-07-2019 for leave of court to enforce the AD against Gumi (Enforcement OS).

B. Issues

[2] The following questions arise in these two OS:

(1) is Gumi barred by O 28 r 3C(1), (3) and (4) of the Rules of 2012 (RC) from relying on the two OS on two letters (both dated 25 October 2019) attached to Gumis third written submission dated 29 October 2019 [Two Letters (25 October 2019)]?;

(2) whether the AD had been improperly procured through fraud within the meaning of s 15(a) of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) when:

(a) Dazzling purportedly misrepresented to Gumi that Dazzling would withdraw the adjudication against Gumi (Alleged Misrepresentation); and

(b) Gumi averred that Dazzling