JUDGMENT

Wong Kian Kheong J:

(Appeal To High Court Against Sessions Court's Decision After Trial)

A. Background

[1] For ease of reference, I will refer to parties in this judgment as they were in the Sessions Court (SC).

[2] By way of a letter dated 7 July 2017, the Selangor State Department of Irrigation and Drainage (Selangor DID) had accepted a tender of the first defendant company (1st Defendant) for construction work regarding flood prevention in Taman Mesra, Shah Alam, Petaling District, Selangor Darul Ehsan (Project). The value of the Project was RM3,313,085.12 [including Goods and Services Tax (GST)].

[3] The second defendant company (2nd Defendant) in a letter of appointment dated 11 September 2017 (LA) appointed the plaintiff company (Plaintiff) to perform earthworks and drainage works in the Project for a sum of RM1,440,000.00 (Works).

[4] An agreement dated 13 September 2017 had been executed by the Plaintiff, 1st and 2nd Defendants (Tripartite Agreement). According to the Tripartite Agreement, among others:

(1) paragraphs A and B in the recital ("Recital A" and "Recital B") stated that the 1st Defendant had been appointed by Selangor DID to be the main contractor of the Projec