JUDGMENT

AzIan SuIaiman J:

Introduction

[1] These two Originating Summons are connected by an Adjudication Decision dated 9 April 2025 in Adjudication Reference No: AIAC/D/ADJ-5758-2025 ("Adjudication Decision") under the Construction Industry Payment and Adjudication Act 2012 ("Act") that Kota Kaybina And Bhd ("KK") obtained against FGM Engineering Sdn Bhd ("FGM").

[2] By Originating Summons No: WA-24C-85-05/2025 ("OS 85"), FGM is applying under ss 15(b) and/or 15(d) of the Act to set the Adjudication Decision aside.

[3] By an application in Encl. 9 in OS 85 ("Stay Application"), FGM is applying under s 16(1)(a) of the Act to stay the Adjudication Decision pending the disposal of OS 85.

[4] By Originating Summons No: WA-24C-97-05/2025 ("OS 97"), KK is applying under s 28 of the Act for an order to enforce the Adjudication Decision against FGM as if it is a judgment of the High Court .

[5] As a matter of prudence, I decided to hear both Originating Summonses together. This Grounds of Judgment is thus on both.

[6] Further as a matter of prudence, I will decide OS 85 first and then only OS 97, not just because of the order in which they were filed, but for the simple reason that, if the Adj