JUDGMENT

Wong Siong Tung JC:

[1] The plaintiff was the main contractor of a development project known as "The proposed Tourist Recreational and Commercial Development (Phase II-KK Times Square) on TL017533505 Along Coastal Highway at Sembulan, Kota Kinabalu, Sabah".

[2] The plaintiff engaged the defendant as the subcontractor to "Construct, Supply and Installation of Interior Design Customised Joinery Works" in the development project.

[3] The defendant claimed that a sum of RM469,882.78 was due from the plaintiff for the subcontract works. The defendant commenced action in the Sessions Court in Suit No: BKI-52NCVC-37-5-2019 and obtained summary judgment on 22 August 2019.

[4] On 10 September 2019, the plaintiff filed an appeal to the High Court against the decision of the Sessions Court to grant the summary judgment in favour of the defendant. The appeal is pending disposal by the High Court.

[5] Following that, the defendant through its solicitor, issued a Statutory Notice of Demand to the plaintiff under ss 465(1)(e) and 466(1)(a) of the Companies Act, 2016 for payment of the debt under the summary judgment granted by Sessions Court, failing payment, winding-up petition would be pre