JUDGMENT

(Enclosure 52)

Ahmad Murad Abdul Aziz JC:

Introduction

[1] The Plaintiff applied for summary judgment (encl 52) against the Defendant pursuant to O 14 r 1 of the Rules of 2012 ("ROC").

After reading the pleadings, the affidavits and the written submissions filed by the parties, I allowed the Plaintiff's application for summary judgment in terms of the prayers in the Statement of Claim. The Defendant, being dissatisfied with my decision, has filed an appeal. The grounds for my decision appear below.

Background Facts

[2] The background facts in this case are extracted from the Plaintiff's written submission.

[3] In or around 2019, Country Garden Sdn Bhd had commenced a tender process pertaining to an award of contract for rectification and maintenance works and/or services ("the Works") for Cadangan Pembangunan Berstrata 7 Blok Pangsapuri Perkhidmatan 40 Tingkat (2805 units) on Plot 29 (A portion of PTD 4918), Forest City, Mukim Tanjung Kupang, Johor Bahru, Johor Darul Ta'zim ("the said Project").

[4] Country Garden awarded the Works to the Defendant via a Letter of Award ("the Letter of Award") dated 31 May 2019, and the Defendant accepted the award on 1 June 2019.

[5] The salient t