(Court Enclosure No 1)

Wong Kian Kheong J:

A. Background

[1] By a "Letter of Award" dated 15 July 2015 (Main Contract), Tujuan Gemilang Sdn Bhd (Employer) had appointed the plaintiff company (Plaintiff) as the main contractor for a construction project (Project). The Main Contract provided in cl 3 [Clause 3 (Main Contract)] as follows:

"3. PAYMENT TO NOMINATED SUB-CONTRACTORS AND NOMINATED SUPPLIERS

Notwithstanding the Conditions of Contract, payments certified for work executed by all Nominated Sub-Contractors and goods supplied by all Nominated Suppliers shall be issued in separate cheques made payable to the respective Nominated Sub-Contractors and Nominated Suppliers. The said cheques shall be issued to the [Plaintiff] for distribution to the respective Nominated Sub-Contractors and Nominated Suppliers. For all purposes and intent of this [Main Contract], all relevant clauses in the Conditions of Contract pertaining to payment to Nominated Sub-Contractors and Nominated Suppliers shall be deemed to have been amended to allow for the payments to be issued to the Nominated Sub-Contractors and Nominated Suppliers in the manner described above."

[Emphasis Added]

[2] The Project's a