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HIGH COURT MALAYA KUALA LUMPUR
SMART GLOVE INDUSTRIES (MALAYSIA) SDN BHD – Appellant
Versus
TECHNYGROUP HOLDINGS (M) SDN BHD & ANOTHER CASE – Respondent
| Table of Content |
|---|
| 1. overview of the applications and decisions (Para 1 , 2 , 3) |
| 2. background of the parties involved and their operations (Para 5 , 6 , 7) |
| 3. details of the letter of award and contract obligations (Para 8 , 9 , 10 , 11 , 12) |
| 4. grounds for setting aside the adjudication decision (Para 32 , 33 , 34 , 36) |
| 5. court's conclusion regarding the applications (Para 100 , 130) |
Introduction
[1] The following applications were heard together with the consent of the parties:
(a) the application by Smart Glove Industries (Malaysia) Sdn Bhd ('SGI') pursuant to sub-section 16(1) of the Construction Industry Payment and Adjudication Act 2012 [Act 746] ('CIPAA') in Originating Summons No. WA-24C-51-03/2023 ('O.S. No 51') to stay the Adjudication Decision dated 20 February 2023 ('AD') by the learned Adjudicator, Mr Lam Wai Loon ('Adjudicator') pending the final determination by way of arbitration ('Stay Application');
(b) the application by SGI pursuant to sub-section 15(b) or (d) CIPAA in O.S. No. WA-24C-52-03/2023 ('O.S. No 52') to set aside the AD ('Setting Aside Application'); and
(c) the application by Technygroup Holdings (M) Sdn Bhd ('TGH') pursuant to s 28 CIPAA in
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