Wong Kian Kheong J:

A. Background

[1] Panzana Enterprise Sdn Bhd (Panzana) had appointed MKP Builders Sdn Bhd (MKP) as a sub-contractor for the construction of a highway, "Lebuhraya Bertingkat Damansara-Shah Alam" (Project).

[2] By a letter of award dated 21 May 2018, MKP appointed PC Geotechnic Sdn Bhd (PCG) to do bored piling works in the Project (Works).

[3] On 15 April 2019, Panzana had terminated MKP's appointment as a sub-contractor of the Project.

[4] MKP terminated PCG's appointment on 21 May 2019.

[5] PCG claimed that MKP owed money to PCG for the Works performed by PCG up to 31 January 2019 (PCG's Claim).

[6] PCG's Claim was referred to adjudication before Ir Dr Wong Fook Keong (Adjudicator) under the Construction Industry Payment and Adjudication Act 2012 (CIPAA).

[7] On 12 December 2019, the Adjudicator delivered an adjudication decision [AD (PCG-MKP)] which adjudicated that, among others, MKP shall pay to PCG a sum of RM7,996,928.59 [Adjudicated Amount (PCG-MKP)] for the Works together with interest and costs as stipulated in the AD (PCG-MKP).

[8] With regard to the AD (PCG-MKP):

(1) the following two originating summonses (OS) had been filed:

(a) MKP had filed OS No BA