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2025 MarsdenLR 5079

HIGH COURT MALAYA KUALA LUMPUR
BASICS DECOR SDN BHD – Appellant
Versus
VENTURA INTERNATIONAL SDN BHD – Respondent


Petitioner Advocates:J Agesh ,Respondent Advocate: Rodney Gomez,Rhoshvin Singh

JUDGMENT

Azlan Sulaiman J:

Introduction

[1] The connection between these two Originating Summons is an Adjudication Decision dated 23 January 2025 in Adjudication Reference No: AIAC/D/ADJ-5589-2024 ("Adjudication Decision") under the Construction Industry Payment and Adjudication Act, 2012 ("Act") that Basics Decor Sdn Bhd ("BD") obtained against Ventura International Sdn Bhd ("VI").

[2] By Originating Summons No: WA-24C-93-05/2025 ("OS 93"), BD is applying under s 28 of the Act for an order to enforce the Adjudication Decision against VI as if it is a judgment of the High Court .

[3] By Originating Summons No: WA-24C-103-05/2025 ("OS 103"), VI is applying under ss 15(b) and/or 15(d) of the Act to set the Adjudication Decision aside.

[4] By an application in encl 45 in OS 103 ("Stay Application"), VI is also applying under s 16(1)(a) of the Act to stay the Adjudication Decision pending the disposal of OS 103.

[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 103 first and then only OS 93, for the simple reason that, if the Adjudication Decision is set aside, th


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