JUDGMENT

Wong Kian Kheong J:

A. Introduction

[1] This is a curious case where one party to a construction agreement, Savelite Engineering Sdn Bhd (Savelite), has claimed that "Schedule 17" to the agreement (Schedule 17) is blank but the other contracting party, Itramas Technology Sdn Bhd (Itramas), has alleged that Schedule 17 contains the rate of liquidated damages (LD) to be paid by Savelite to Itramas in the event of Savelite's delay in the completion of the agreed works.

[2] The following three originating summonses (OS) are decided in this judgment:

(1) OS No: BA-24C-44-05-2020 (Setting Aside OS) has been filed by Itramas against Savelite to set aside an adjudication decision made on 13 April 2020 (AD) by an adjudicator, Sr Lee Hock Guan (Adjudicator), in favour of Savelite against Itramas;

(2) Itramas has also filed OS No: BA-24C-62-07-2020 against Savelite (Stay OS) for an order to stay the enforcement of the AD until the disposal of an arbitration between Itramas and Savelite (Arbitration); and

(3) OS No: BA-24C-49-06-2020 has been filed by Savelite for leave of court to enforce the AD against Itramas (Enforcement OS).

B. Background

[3] Itramas had been appointed a sub-contractor to