JUDGMENT

Wong Kian Kheong J:

(Enclosure No 8)

A. Background

[1] The second plaintiff (2nd Plaintiff) and Puan Huzimawati Bt Zainal (Huzimawati) are the directors and shareholders of the first plaintiff company (1st Plaintiff).

[2] On 14 May 2019 the defendant company (Defendant) had entered into a "Design and Build" Agreement with the 1st Plaintiff (Agreement). According to the Agreement, the Defendant had appointed the 1st Plaintiff to build a petrol station in Pekan Baru Subang, Petaling District, Selangor on a turnkey basis (Works). The following provisions of the Agreement are pertinent:

(1) according to cl 9.1(b) of the Agreement [cl 9.1(b)], among others, if there is a material breach of the Agreement by the 1st Plaintiff, the Defendant has an option to terminate the Agreement by written notice;

(2) clause 13.1.5(b) of the Agreement provides that, among others, the 1st Plaintiff has not "made, offered or authorised or will make, offer or authorise any payment, gift, promise or other advantage, whether directly or through any other person or entity, to or for the use or benefit of any Government Official or any person where such payment, gift, promise or other advantage would (i) com