Wong Kian Kheong J:

JUDGMENT

(Originating summons)

A. Three novel issues

[1]This originating summons (OS) is a case of first impression regarding the following three questions:

(1)does an adjudicator have power under s 12(1)s 25(p) Construction Industry Payment and Adjudication Act 2012 (CIPAA)45 working days” time period prescribed in s 12(2)(a)CIPAAPrescribed Time Period [ Section 12 (2)(a)make” the adjudication decision?; and

(2)if the answer to the above issue is “no” -

(a)whether the doctrine of equitable estoppel bars a party against whom an adjudication decision is made (X) from applying to court to set aside the adjudication decision on the ground that the adjudication decision is void under s 12(3)CIPAAmade” beyond the Prescribed Time Period [ Section 12 (2)(a)Breach [ Section 12 (2)

(b)can X acquiesce to the Breach [ Section 12 (2)

B. Background

[2]By way of a construction contract dated 15.12.2018 (Contract), the plaintiff company (Plaintiff) had appointed the defendant company (Defendant) to build a three-storey car service workshop and office in Selangor Darul Ehsan (Works).

[3]The Defendant had commenced adjudication proceedings under CIPAA against the Plaintiff (AP). In the