JUDGMENT

Sumathi Murugiah JC:

A. Introduction

[1] These are actions which had originated from an Adjudication Decision dated 13 September 2022 (AD) made by the appointed adjudicator, Ms Karen Ng Gek Suan. The AD was in favour of the TCS Construction Sdn Bhd (TCS) being the sub-contractor against the main sub-contractor, MPM Project Management Sdn Bhd (MPM). Since MPM did not pay the adjudication amount to TCS in accordance to the AD, TCS made a written request to KTCC Mall Sdn Bhd (KTCC) on 21 September 2022 for the Adjudication Amount to be paid pursuant to s 30 of Construction Industry Payment Adjudication Act 2012 (s 30 CIPAA 2012).

[2] As a consequence to the AD, both TCS and KTCC had filed their respective Originating Summons:

i. TCS has filed OS No BA-24C-65-10/2022 (Suit 65) against KTCC pursuant to s 30 of CIPAA 2012 for direct payment of the Adjudication Sum as per the AD; and

ii. KTCC on the other hand had filed OS No BA-24C-7-01/2023 (Suit 7) against TCS for declarations that KTCC has no obligation to pay the Adjudicated Sum pursuant to s 30 CIPAA 2012, based on a letter of undertaking dated 19 September 2018 and that the notice dated 21 September 2022 issued by TCS pursuant