JUDGMENT

Che Mohd Ruzima Ghazali JCA:

Introduction

[1] There are two related matters filed in the Kuala Lumpur High Court. First, an application by TSR Bina Sdn Bhd (TSR) pursuant to s 28 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) and O 69A, r 5 of the Rules of the 2012 (ROC) and/or the inherent jurisdiction of the Court via an Originating Summons No WA-24C-249-12/2020 (OS 249) to enforce the Adjudication Decision dated 5 February 2020 (AD) decided by the learned Adjudicator (LA). Second, an application by Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd (YTL) pursuant to s 15 of the CIPAA, O 69A r 3 of the ROC and/or the inherent jurisdiction of the Court via an Originating Summons No WA-24C-8-02/2021 (OS 8) to set aside the AD or alternatively, to stay the enforcement of the AD pending the disposal of the arbitration proceedings. Both OS were heard together and at the end of the proceedings, the learned High Court Judge (LHCJ) allowed YTL's OS 8 and dismissed TSR's OS 249. Aggrieved by the decisions TSR appealed.

[2] TSR's appeal against the High Court decision in OS 8 is registered as Civil Appeal No W-02(C)(A)-1352-07/2021 (Appeal 1352) and TSR's appeal again