Lim Chong Fong JCA:

GROUNDS OF JUDGMENT

INTRODUCTION

[1]There are two (2) related appeals before us which are as follows:

i.Civil Appeal No.: W-02(C)(A)-314-02/2021 (“Appeal 314”); and

ii.Civil Appeal No.: W-02(C)(A)-399-02/2021 (“Appeal 399”)

(collectively “Appeals”)

[2]For convenience and clarity, the relevant parties in the Appeals will be addressed as follows: -

i.Pali PTP Sdn Bhd, the Appellant in Appeal 314 and Respondent in Appeal 399 – ‘Bond’; and

ii.Bond M&E Sdn Bhd, the Respondent in Appeal 314 and Appellant in Appeal 399 – ‘Pali’.

[3]The Appeals concerned emanated from Kuala Lumpur High Court Originating Summons No.: WA-24C-121-06/2020 (‘OS 121’) filed by Bond pursuant to section 30Construction Industry Payment and Adjudication Act 2012CIPAA’) for an order that Pali, as the principal company to JEKS Engineering Sdn Bhd (‘JEKS’), pay directly to Bond the amount which is due and owing to Bond by JEKS pursuant to an Adjudication Decision dated 3^rd January 2020 (‘Adjudication Decision’).

[4]The learned High Court Judge (‘HCJ’) on 27th January 2021 adjudged and ordered Pali to pay Bond the principal sum of RM 3,387,425.44 (but excluded costs and interests awarded in the Adjudication Dec