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2022 MarsdenLR 998

COURT OF APPEAL PUTRAJAYA
JKP SDN BHD – Appellant
Versus
ANAS CONSTRUCTION SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Mahinder Singh Dulku,Abdul Fareed Abdul Gafoor,Hazirah Hariz ,Respondent Advocate: Ong Yu Shin,Lim Wooi Ying,Lai Chian Loong

JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] There are two appeals before us, namely Civil Appeal No P- 02(C)(A)-825-07/2020 ("Appeal 825") and Civil Appeal No P-02(C)(A)- 831-07/2020 ("Appeal 831"). These appeals are directed at the decision of the learned High Court Judge ("HCJ") dated 22 June 2020.

[2] Appeal 825 is the Appellant's appeal against the decision of the learned HCJ, who dismissed the Appellant's application to set aside the Adjudication Decision dated 12 September 2019 ("AD") pursuant to s 15 of the Construction Industry Payment and Adjudication Act 2012 [Act 746] ("CIPAA"), on the grounds that the adjudicator had acted in excess of jurisdiction, had not acted independently or impartially, and that there had been a denial of natural justice.

[3] Appeal 831 is the Appellant's appeal against the decision of the learned HCJ, who allowed the Respondent's application to enforce the AD.

[4] If Appeal 825 is allowed, then Appeal 831 must also be allowed, and vice versa. For this reason, we have directed the two appeals to be heard together.

Brief Facts Leading To The Present Appeals

[5] Pursuant to a Construction Contract dated 9 April 2015, the Appellant had appointed the Respo


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