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2020 MarsdenLR 390

HIGH COURT MALAYA KUALA LUMPUR
KLIAA-KLIAC CONSORTIUM & ORS – Appellant
Versus
LATIPAH ABU T/A LA ARCHITECT – Respondent


Petitioner Advocates:Ms Murthi ,Respondent Advocate: Syed Fadzil Alhabshi,Syabzuhri Marzuki

JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is an application to set aside the adjudicator's decision made pursuant to the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

[2] The 1st plaintiff is an unincorporated consortium of companies comprising the 2nd and 3rd plaintiffs.

[3] The 2nd plaintiff and 3rd plaintiff are related private limited companies involved in the provision of construction contracting and consultancy services.

[4] The defendant is an architect practising as a sole proprietorship under the style LA Architect.

Background Facts

[5] The 1st plaintiff has been appointed as the project delivery partner by Lembaga Getah Malaysia ("LGM") to undertake the project described as "Projek Pembangunan Pusat Kecemerlangan Tanah Lembaga Getah Malaysia (MRB) di Atas Lot 50830 (Lot Lama 481), Mukim Sungai Buloh, Daerah Petaling, Selangor Darul Ehsan ("Project") pursuant to a Project Delivery Partner Agreement dated 9 December 2013 ("PDP Agreement").

[6] By a letter of offer ref KLIACTM/LGM/U/PM/GEN 0.2(23) dated 13 January 2014 ("LO") and a consultancy agreement dated 19 May 2015 executed by the parties ("Agreement") (collectively "Contract"), the 1st plaintiff a

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