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2025 MarsdenLR 3868

HIGH COURT MALAYA KUALA LUMPUR
PLP ELECTRICAL ENGINEERING SDN BHD – Appellant
Versus
KERJAYA PROSPEK (M) SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Deepak Mahadevan,Faeza Suraya Roselan ,Respondent Advocate: Nicholas Ng

JUDGMENT

Azlan Sulaiman J:

Introduction

[1] These two Originating Summons are connected by an Adjudication Decision dated 11 March 2025 in Adjudication Reference No: AIAC/D/ADJ-5680-2024 ("Adjudication Decision") under the Construction Industry Payment and Adjudication Act, 2012 ("Act") that PLP Electrical Engineering Sdn Bhd ("PLP") obtained against Kerjaya Prospek (M) Sdn Bhd ("KP").

[2] By Originating Summons No: WA-24C-73-04/2025 ("OS 73"), PLP is applying under s 28 of the Act for an order to enforce the Adjudication Decision against KP as if it is a judgment of the High Court .

[3] By Originating Summons No: WA-24C-79-04/2025 ("OS 79"), KP is applying under ss 15(b) and/or 15(d) of the Act to set the Adjudication Decision aside.

[4] By an application in Enel. 5 in OS 79 ("Stay Application"), KP is applying under s 16(1)(a) of the Act to stay the Adjudication Decision pending the disposal of OS 73.

[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 79 first and then only OS 73, for the simple reason that, if the Adjudication Decision is set aside, then ther


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