JUDGMENT

Noor Hisham Ismail J:

Introduction

[1] There are two matters before this Court involving the same parties. Both matters relate to an Adjudication Decision dated 20 June 2023 made by the Adjudicator under Construction Industry and Payment Adjudication Act 2012 ("CIPAA").

[2] The first matter, filed as Originating Summons JA-24C-19-08/2023 ("OS 19"), is an application by the plaintiff Era Universe Development Sdn Bhd ("P") to set aside pursuant to s 15(b) and (d) CIPAA 2012 the Adjudication Decision which is in favor of the defendant Ken Lip Constructions & Trading Sdn Bhd ("D").

[3] The second matter, filed as Originating Summons JA-24C-21-08/2023 ("OS 21"), is an application by D under s 28 CIPAA 2012 to enforce the Adjudication Decision against P.

[4] Subsequent to the above, on 7 November 2023 by way of consent, both OS 19 and OS 21 were consolidated and heard together by this Court .

[5] A stay of all proceedings was also granted to P on 28 March 2024 pending the disposal of OS 19 and OS 21.

[6] On 28 August 2024, after hearing arguments from both parties, this Court dismissed OS 19 and allowed OS 21. P has appealed against both decisions to the Court of Appeal via two (