Ong Chee Kwan JC:

[1] This judgment deals with the issue whether a judgment under s 28(2) of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) which is relied upon as a debt in the statutory demand under s 466 of the Companies Act 2016 ( CA 2016) is a disputed debt. It also looks at whether a cross claim or counterclaim for a sum equivalent to or more than the judgment debt is an answer to the statutory demand for the Court to grant an injunction to restrain the presentation of a winding up petition.

Background Facts

[2] By way of a Letter of Acceptance dated 31 July 2018 and Subcontract Agreement dated 22 January 2019 (collectively referred to as the Subcontract), the Plaintiff appointed the Defendant as its subcontractor for a project known as "PAVEMENT WORKS (WP700) FOR PROPOSED LEBUHRAYA PUTRAJAYA TO KLIA (MEX II) - COMMENCING FROM PUTRAJAYA INTERCHANGE AND TERMINATING AT KLIA".

[3] In breach of the Subcontract, the Plaintiff failed to pay the Defendant a total sum of RM 8,848,865.04 under Interim Payment Certificates No. 2 to 7, all of which were certified and issued by the Plaintiff to the Defendant for works done pursuant to the Subcontract.

[4] Beca