David Wong JCA:

JUDGMENT OF THE COURT

Introduction:

[1]There are two appeals before us. Appeal W-02(C)(A)-505- 03/2017 (Appeal 505) relates to the decision of the High Court where the learned Judge dismissed the Appellant’s/Plaintiff’s application to set aside the learned Adjudicator’s decision where a sum of RM1,579,334.75 was awarded to the Respondent.

[2]The learned Judge also allowed the enforcement application of the learned Adjudicator’s award of RM1,579,334.75 and Appeal W-02(A)-506-03/2017 (Appeal 506) concerns the aforesaid decision.

[3]We heard the appeals together and had reserved our decision. We have since further considered submissions from respective counsel and now give our decision and grounds.

Background facts:

[4]The Respondent was appointed by the Appellant as the main contractor for a contract sum of RM65 million in respect of a project known as “Proposed Construction of 1 Commercial Block of 29 storeys consisting of: (i) 22 floors of office units (473) and 1 floor of facilities, (ii) 5 podium floors of car parks, (iii) 2 floors of basement car parks, (iv) 1 floor for mechanical on Lot 41096, Jalan Aman Damai, Mukim Petaling, Kuala Lumpur.

[5]The Respondent, being the