JUDGMENT

(2 Originating Summonses)

Wong Kian Kheong J:

A. Introduction

[1] This judgment concerns a joint hearing of the following two originating summonses (OS):

(1) Bluedream City Development Sdn. Bhd. (BCD) has filed OS No BA-24C-27-03/2020 (BCD's OS) against Pembinaan Bina Bumi Sdn. Bhd. (PBB) for an order that an adjudication decision made on 4 February 2020 (AD) by an adjudicator, Mr. Chua Seow Kwang (Adjudicator), in favour of PBB against BCD be set aside (BCD's Setting Aside Application); and

(2) PBB has filed OS No BA-24C-76-08/2020 for leave of court to enforce the AD against BCD (PBB's Enforcement Application).

B. Background

[2] By way of a "Letter of Award" dated 3 September 2014 (LA), BCD appointed PBB to carry out "main building and infrastructure works" (Works) in a condominium project (Project).

[3] PBB completed the Works and claimed payment for the Works.

[4] BCD and PBB entered into a "Settlement Agreement" on 30 October 2018 (SA). Regarding the SA:

(1) PBB claimed that the SA did not include an "Interim Certificate No 4R" (IC No 4R) issued by BCD to PBB for a sum of RM5,510,197.91 [Sum (ICR No 4R)] to be paid by BCD to PBB (PBB's Claim); and

(2) BCD alleged that the SA incl