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2020 MarsdenLR 1548

HIGH COURT MALAYA SHAH ALAM
MRCB BUILDERS SDN BHD – Appellant
Versus
WAZAM VENTURES SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Maximillian Tai Kim Sen,Krishanthini Dewi Jeeva Kumar ,Respondent Advocate: Ben Lee Kam Foo,Nur Amalin Shahida Sabidi

JUDGMENT

Wong Kian Kheong J:

A. Introduction

[1] This is a judgment concerning the following two originating summonses (OS):

(1) OS No: BA-24C-69-07-2019 (MRCBs OS) has been filed by MRCB Builders Sdn Bhd (MRCB) against Wazam Ventures Sdn Bhd (Wazam) to set aside an adjudication decision made on 25 June 2019 (AD) by an adjudicator, Mr Chua Siow Leng (Adjudicator), in favour of Wazam against MRCB. In MRCBs OS, MRCB has filed an application in court encl no 12 (encl 12) to stay the enforcement of the AD until the disposal of:

(a) MRCBs OS; or

(b) an arbitration between MRCB and Wazam regarding their dispute which forms the subject matter of the AD (Arbitration); and

(2) Wazam has filed OS No BA-24C-84-08-2019 against MRCB (Wazams OS) for leave of court to enforce the AD against MRCB.

[2] MRCB and Wazam had consented for MRCBs OS, Wazams OS and encl 12 to be heard together.

[3] When encl 12 was first heard by me, I had granted an ad interim stay of enforcement of the AD pending the disposal of MRCBs OS (Ad Interim Stay).

B. Background

[4] MRCB had been appointed as a main contractor of a construction project (Project).

[5] By way of a Letter of Award dated 6 December 2016 (LA), MRCB appointed Waz

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