JUDGMENT

Sumathi Murugiah JC:

(2 Originating Summonses)

A. Introduction

[1] Due to non-payment, ES Structure Sdn Bhd (ES Structure) being the unpaid party had commenced an Adjudication Proceedings pursuant to the Construction Industry Payment and Adjudication Act 2012 (the CIPAA 2012) against Swaja Facade Sdn Bhd (Swaja) being the non-paying party. Since this is a cross suit between the parties, for ease of reference the parties will be referred to henceforth as Swaja and ES Structure wherever applicable.

[2] Consequential to the Adjudication Decision dated 29 April 2024 (AD), the following Originating Summonses were filed by both ES Structure and Swaja at this court:

(i). OS No BA-24C-31-07/2024 (Enforcement OS) was filed by ES Structure against Swaja to enforce the AD pursuant to s 28 of the CIPAA 2012; and

(ii). OS No BA-24C-45-10/2024 (Setting Aside OS) was filed by Swaja to set aside the AD pursuant to s 15(a), (b), (c) and (d) of the CIPAA 2012 and/or to stay the execution of the AD pursuant to s 16 of the CIPAA 2012.

[3] Since there are 2 Originating Summonses filed in relation to the AD, the parties via a consent order dated 17 October 2024 agreed for both these Originating Summons