Anselm Charles Fernandis J:

JUDGEMENT

Introduction

[1]This judgment is in respect of 2 Originating Summonses. They are:

(a)MA-24C-1-02/2023 is Costwin Constructions Sdn Bhd’s (“Costwin”) application to set aside the adjudication decision dated 25.1.2023 (“the AD”) which was held in favour of CJV Trading Enterprise (“CJV”). This application is made pursuant to section 15(b)section 15(d)Construction Industry Payment and Adjudication Act 2012

(b)MA-24C-3-04/2023 which is CJV’s enforcement application to enforce the AD pursuant to section 28CIPAA 2012

[2]Costwin’s setting aside application and CJV’s enforcement application will collectively be referred to as “the applications”. Parties agreed that the applications be heard together.

[3]After hearing submissions by both parties I decided to dismiss Costwin’s setting aside application and allow CJV’s enforcement application. Costwin has appealed to the Court of Appeal against both decisions.

Brief Background

[4]Sometime in May 2019 CJV had been requested by Costwin to supply temporary sheet piles for an ongoing project called “Design and Construction, Supply, Installation, Completion, Testing, Commissioning & Maintenance of Electrified Double tra