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2021 MarsdenLR 2359

HIGH COURT MALAYA KUALA LUMPUR
CRCC MALAYSIA BERHAD – Appellant
Versus
M101 ENTITY SDN BHD – Respondent


Petitioner Advocates:Sanjay Mohan,Adam Lee Leong Soon,Kooy Wei Nee ,Respondent Advocate: Rajendra Navaratnam,Allen Cheng Peng Han,Brandon Shen Shi Han

JUDGMENT

Aliza Sulaiman J:

Introduction

[1] As is the norm, three applications were heard together before this Court with the agreement of the parties, namely:-

(a) the application by CRCC Malaysia Berhad ('CRCC') pursuant to s 28 of the Construction Industry Payment and Adjudication Act 2012 [Act 746] ('CIPAA 2012'); O 69A, r 5 of the Rules of 2012 ('RoC 2012'); O 92, r 4 RoC 2012 and/ or the inherent jurisdiction of the Court in OS No WA-24C-89-05/2020 ('Enforcement Application') to enforce the Adjudication Decision dated 25 March 2020 ('AD') delivered by the learned Adjudicator, Mr Ivan YF Loo ('Adjudicator');

(b) the application by M101 Entity Sdn Bhd ('M101') pursuant to s 15 (b) and (d) CIPAA 2012 and/ or the inherent jurisdiction of the Court in OS No WA-24C-135-06/2020 ('Setting Aside Application') to set aside the AD in its entirety or alternatively, part of the AD which is in breach of natural justice; and

(c) the application by M101 pursuant to s 16 CIPAA 2012 and/ or the inherent jurisdiction of the Court in OS No WA-24C-136-06/2020 ('Stay Application') to stay the AD.

[2] The Court, having considered the above mentioned applications together with the affidavit evidence and


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