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2020 MarsdenLR 2230

HIGH COURT OF MALAYA SHAH ALAM
ALPHA GALAXY SDN BHD – Appellant
Versus
EURO DESTAR (M) SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Lam Ko Luen,Jeremy Ooi Jian Rong ,Respondent Advocate: Raymond Boo @ Boo It Seong,Wong Chee Wai

JUDGMENT

Wong Kian Kheong J:

Background

[1] This judgment concerns the following two originating summonses (OS):

(1) Alpha Galaxy Sdn Bhd (Alpha) has filed OS no. BA-24C-4-01/2020 (Alpha's OS) against Euro Destar (M) Sdn Bhd (Euro). Alpha's OS was subsequently amended with leave of court and prayed for the following orders:-

(a) an order to set aside an adjudication decision made on 3 January 2020 (AD) by an adjudicator, Mr Jong Chien Hui (Adjudicator), in favour of Euro against Alpha (Alpha's Setting Aside Application); or

(b) if Alpha's Setting Aside Application is dismissed, an order to stay the execution of the AD pending the disposal of Shah Alam Civil Suit No. BA-22C-44-10/2020 (Alpha's Suit) filed by Alpha against Euro (Alpha's Stay Application); and (2) Euro has filed OS no. BA-24C-14-02/2020 for leave of court to enforce the AD against Alpha (Euro's Enforcement Application).

[2] By way of a "Letter of Award" dated 28 September 2017 (LA), Alpha appointed Euro to carry out construction work (Works) of a warehouse in Puncak Alam, Kuala Selangor (Project). Euro had accepted the LA on 4 October 2017. The"Terms and Conditions" of the LA provided as follows, among others:

"1.8 The given

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