Azlan Sulaiman J:

GROUNDS OF JUDGMENT

Introduction

[1]These two Originating Summons are linked by an Adjudication Decision dated 21.5.2025 in Adjudication Proceedings Ref No: AIAC/D/ADJ-5750-2024 (“Adjudication Decision”) that Greencon Resources Sdn Bhd (“Greencon”) had obtained against Exyte Malaysia Sdn Bhd (“Exyte”) under the Construction Industry Payment and Adjudication Act, 2012 (“Act”).

[2]By Originating Summons No: WA-24C-100-05/2025 (“OS 100”), Greencon is seeking an order under section 28

[3]By Originating Summons No: WA-24C-101-5/2025 (“OS 101”), Exyte is seeking to set the Adjudication Decision aside under sections 15(b)15(d)

[4]By a Consent Order dated 12.6.2025 (“Interim Stay Order”), Exyte and Greencon had amicably agreed to an interim stay of the Adjudication Decision pending the disposal of OS 101, by depositing the sum of RM9,507,494.94 payable under the Adjudication Decision with the Asian International Arbitration Centre (“AIAC”) pursuant to section 16(2)

[5]However, Exyte has since filed an additional application in Enclosure 118 in OS 101 under section 16(1)(b)

[6]As a matter of prudence and practicality, I decided to hear both Originating Summonses together. I will d