Lim Chong Fong J:

Introduction

[1] This are cross applications to set aside and enforce an adjudication decision made under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

[2] The Plaintiff in KLHC Originating Summons No WA-24C-218-10/2019 ("OS 1") and the Defendant in KLHC Originating Summons No WA-24C-241-11/2019 ("OS 2") is a private limited company involved in the construction business.

[3] The Defendant in OS 1 and the Plaintiff in OS 2 is likewise a private limited company involved in the construction business.

[4] For ease of reference, the parties will hereinafter be referred as TS and HJ respectively.

Background And Preliminary

[5] The Government of Malaysia appointed TS to construct and complete the project named as "Cadangan Menaiktaraf Sekolah Menengah Vokasional Kuala Kangsar Kepada Kolej Vokasional Kuala Kangsar, Perak" ("Project")

[6] TS accordingly appointed HJ as its sub contractor to undertake the Project pursuant to a contract dated 1 February 2018 ("Contract").

[7] There were disputes and differences that arose between the parties pertaining to non payment of interim payments by TS to HJ under the Contract.

[8] As a result, HJ initiated ad