Lim Chong Fong J:

Introduction

[1] These are applications to seek for direct payment from principal under s 30 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

[2] The Plaintiff in both originating summons is a private limited company involved in piling business.

[3] The Defendant in both originating summons is also a private limited company involved in the piling business as well.

Background Facts

[4] By a letter of award dated 10 April 2017 ("Contract"), the Plaintiff was appointed by Civil Tech Sdn Bhd ("CTSB") to carry out and complete works described as the supply of skilled labour, machinery and equipment for certain bored pile works for the project known as "The Construction and Completion of Proposed Sungai Besi - Ulu Kelang Elevated Expressway ("SUKE Project").

[5] The main contractor of the SUKE Project is ML Sepakat & CHEC Joint Venture who in turn sub-contracted the bored piles works under the SUKE Project to CHEC Construction (M) Sdn Bhd. Consequently, CHEC Construction (M) Sdn Bhd ("CCMSB") sub-sub contracted part of the aforementioned bored piles works to the Defendant who in turn sub-sub-sub contracted the SUKE-CA4 package on bored piling