HIGH COURT (SHAH ALAM)
WONG KIAN KHEONG, J
Granstep Development Sdn Bhd – Appellant
Versus
Tan Chong Heng Construction Sdn Bhd and other – Respondent
JUDGMENT
(3 Originating Summonses)
A. Introduction
[1]This judgment concerns the following three originating summonses (3 OS):
(1)Granstep Development Sdn. Bhd. (GD) has filed OS no. BA-24C-11-04/2021 (Setting Aside OS) against Tan Chong Heng Construction Sdn. Bhd. (TCHC) to set aside an adjudication decision made on 1.4.2021 (AD) by an adjudicator, Mr. Chan Kheng Hoe (Adjudicator), in favour of TCHC against GD;
(2)OS no. BA-24C-12-04/2021 has been filed by GD against TCHC (Stay OS) for, among others, an order to stay the enforcement of the AD pending the outcome of an arbitration between GD and TCHC (Arbitration); and
(3)TCHC has filed OS no. BA-24C-13-04/2021 for leave of court to enforce the AD against GD (Enforcement OS).
B. Background
[2]By way of “Letter of Award” dated 8.2.2018 (LA), GD appointed TCHC as a main contractor of a housing project in Ampang Jaya, Selangor (Project).
[3]Clause 2 LA provided for, among others, the application of “Agreement and Conditions of PAM Contract 2006 (With Quantities)” (PAM Contract 2006) with certain amendments to the PAM Contract 2006 as agreed by GD and TCHC.
[4]TCHC commenced work in the Project (Works) and had submitted 13 “Pr
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