JUDGMENT

Khadijah Idris JC:

Introduction

[1] This is an application by the plaintiff company (the claimant in the Adjudication proceeding) under s 15 of the Construction Industry Payment And Adjudication Act 2012 (CIPAA) to set aside the Adjudication Decision delivered by the learned adjudicator on 14 January 2016.

Background

[2] Pursuant to a contract dated 27 October 2014 titled Loading, Unloading & Transportation of Three Quayside Container Cranes (Loading, Unloading & Transportation Contract) the plaintiff was appointed as a contractor by the defendant. Under the said contract, the plaintiff was obliged to load and unload three quayside container cranes (hereinafter referred to as QCC 25, 26 and 27) from the defendant's port in Gelang Patah to UMW Synergistic Generation Sdn Bhd (UMWSG) jetty and fabrication yard in Lumut, Perak. The Loading, Unloading & Transportation Contract also includes the return of QCC 25, 26 and 27 from the fabrication yard in Lumut back to the port in Gelang Patah. The total lump sum price to be paid by the defendant to the plaintiff under the said contract was RM16,381,919.00.