GROUNDS OF JUDGMENT

Aliza Sulaiman J:

[1] The issue which arose for determination in this application was whether the construction contract entered into by the Plaintiff for the construction work is in respect of a building which is less than four storeys high and wholly intended for the Plaintiff's occupation within the meaning of s 3 of the Construction Industry Payment and Adjudication Act 2012 [Act 746] ('CIPAA') such that the adjudication proceedings commenced by the Defendant against the Plaintiff is null and void.

[2] The Plaintiff is an individual having his office address at No 5, Jalan Titiwangsa, 53200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur and is the owner of the plot of land located at Lot 37902 & 37903, Persiaran Negeri Sembilan, Mukim Kuala Lumpur, Wilayah Persekutuan.

[3] The Defendant is a private limited company incorporated under the laws of Malaysia and has a registered address at 2-4A-1, Jalan Anggerik Vanilla Q31/Q, Seksyen 31, Kota Kemuning, Shah Alam, Selangor.

[4] By way of Work Order No 9 dated 6 May 2015 ('Contract'), the Plaintiff engaged the Defendant for the works described as "Supply Install Plaster Ceiling Work" ('Works') for the project known a