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2021 MarsdenLR 176

HIGH COURT MALAYA KUALA LUMPUR
MAJU HOLDINGS SDN BHD – Appellant
Versus
SPRING ENERGY SDN BHD – Respondent


Petitioner Advocates:Masturina Mohamad Rodzi ,Respondent Advocate: Oon Chee Kheng,Goh Jing Han

JUDGMENT

Lim Chong Fong J:

Introduction

[1] These are related applications to set aside, enforce and stay an adjudication decision made pursuant to the Construction Industry Payment and Adjudication Act 2012 which are a sequel to my decision in Maju Holdings Sdn Bhd v. Spring Energy Sdn Bhd (and Another Originating Summons), [2020] 7 AMR 494 and Maju Holdings Sdn Bhd v. Spring Energy Sdn Bhd , [2020] 7 AMR 147.

[2] The plaintiff in Originating Summons No WA-24C-165-07/2020 ("OS 1") as well as No WA-24C-164-07/2020 ("OS 2") and defendant in Originating Summons No WA-24C-130-06/2020 ("OS 3") is a private limited company involved in the construction business. It is a subsidiary of Maju Holdings which holds a 33 years' concession to manage Maju Expressway which is a protocol expressway which connects Putrajaya, Cyberjaya and KLIA to Kuala Lumpur.

[3] The defendant in OS 1 as well as OS 2 and plaintiff in OS 3 is also a private limited company involved in civil engineering construction business too.

[4] For easy reference, the parties will hereafter be referred as MHSB and SESB respectively.

Background And Preliminary

[5] By a letter of acceptance dated 25 October 2016, a subcontract agreeme


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