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2020 MarsdenLR 2132

HIGH COURT MALAYA KUALA LUMPUR
RD RESOURCES SDN BHD – Appellant
Versus
CWM GROUP SDN BHD – Respondent


Petitioner Advocates:Liew Khai Chyi ,Respondent Advocate: Steven Seah Shu Keen

JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is another application to set aside an adjudication decision that came before me after Prinsiptek (M) Sdn Bhd v. Bond M&E (KL) Sdn Bhd and KLIAA-KLIAC Consortium & Others v. Latipah Abu t/a LA Architects, [2020] 2 AMR 163 due to the prospective operation of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

[2] The Plaintiff is a private limited company involved in the general construction business.

[3] The Defendant is a private limited company involved in mechanical and electrical engineering business.

Salient Background Facts

[4] By a letter of award dated 16 January 2014 issued by the Plaintiff which was accepted by the Defendant on 20 January 2014, the Plaintiff appointed the Defendant as its sub contractor to upgrade 3 existing sewage treatment plants SAM 024, SAM 030 and SAM 194 Package B36 project in Selangor ("Sub Contract"). The letter of award is reproduced below:

[5] Subsequently, the parties on 16 April 2014 executed the Sub Contract Agreement dated 1 April 2014. The Sub Contract Agreement is also reproduced below:

[6] There were disputes and differences that arose between the parties in connection with the Su


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