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2018 MarsdenLR 2036

COURT OF APPEAL PUTRAJAYA
INAI KIARA SDN BHD – Appellant
Versus
PUTERI NUSANTARA SDN BHD – Respondent


Petitioner Advocates:Kamraj Nayagam,Maya Gayathri ,Respondent Advocate: R Jayasingam

Table of Content
1. court reviews and dismisses original enforcement application. (Para 1 , 2 , 3)
2. appellant accepted subcontract under specific conditions, faced issues of unpaid progress claims. (Para 4)
3. adjudication claims and responses were part of payment disputes. (Para 5 , 6)

[1] In this appeal, the High Court had dismissed the appellant's application to enforce an adjudication decision dated 25 May 2017 rendered in its favour. Upon full deliberations and considerations of the records of appeal and the submissions of both learned counsel, we allowed the appeal.

The Construction Contract

[2] Pursuant to a Letter of Acceptance dated 13 November 2014, the appellant accepted its appointment by the respondent, as the sub-contractor in the project known as "Cadangan Projek Pembersihan Teluk dan Pembinaan Breakwater Sempena Langkawi ASEAN Summit 2015, Bandar Kuah, Daerah Langkawi, Kedah Darul Aman" for the sum of RM12,059,821.00. The Employer of the project is Lembaga Pembangunan Langkawi [LADA] while the respondent is the main Contractor. The appellant's scope of subcontract works was to undertake, execute, construct and complete a fringing reef and tidal gates and, to lay geotext

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