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HIGH COURT (GEORGETOWN)
ANAND PONNUDURAI, J
Setia Fontaines Sdn Bhd – Appellant
Versus
Pro Tech Enterprise Sdn Bhd and another – Respondent
| Table of Content |
|---|
| 1. adjudication procedures and key dates (Para 1 , 2 , 3 , 5) |
| 2. claims for loss and expense (l&e) (Para 6 , 26 , 28) |
| 3. court's reasoning on jurisdictional issues (Para 12 , 17 , 19 , 24) |
| 4. nature of performance bond claims (Para 20 , 40 , 42) |
| 5. final orders and cost implications (Para 69 , 70) |
JUDGMENT
Introduction
[1]There was an Adjudication Decision dated 22nd February 2022 by an Adjudicator, Ir Yong Hee Leong (hereinafter referred to as “the said AD”). These present cases involve the cross applications made in relation to the said AD i.e. vide Originating Summons No. PA-24C-10-03/2022 (“OS 10”) to set aside the AD pursuant to section 15Construction industry Payment and Adjudication Act 2012Originating Summons No. PA-24C-14-03/2022 (“OS 14”) to enforce the same pursuant to section 28Construction Industry Payment and Adjudication Act 2012CIPAA 2012).
[2]Both applications were heard together. However, parties had predominantly submitted in relation to the application to set aside in OS 10 with the understanding that the outcome of OS 14 to enforce would depend on the outcome of OS 10.
[3]As the said AD related to various heads of claims which were all
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