Introduction

[1] The parties herein have entered into a construction contract where the Defendant (hereinafter referred to as "PTE") had been appointed by the Plaintiff (hereinafter referred to as "SFSB") as the main contractor for a construction project in Penang.

[2] A dispute arose between the parties which led to adjudication proceedings and an adjudication award was handed down on the 22 February 2022. That adjudication award has been the subject matter of various court proceedings to date. There are also currently pending arbitration proceedings between the parties.

[3] PTE then had on 27 October 2022 served a Statutory Notice pursuant to s 466(1)(a) of the Companies Act 2016 (hereinafter referred to as " CA 2016") seeking payment of a sum of RM563.983.10 being the payment due under Payment Certificat