[1] Before me is an application for summary judgment by the defendant for its counterclaim of RM3,641,315.73 against the plaintiff relying on an admission by the plaintiff.

Background Facts:

[2] The plaintiff pursuant to an agreement dated 24 April 2006 commissioned the defendant to install an Air-conditioning and Mechanical Ventilation System & Services in the Borneo Complex (agreement). Works have been carried out by the defendant and as at 28 April 2010, a sum of RM3,641,315.73 had been certified completed by the plaintiff. It is upon this certification that the defendant has lodged this application for summary judgment. The plaintiff's rebuttal is that there has been a reversal of the defendant's claims of RM3,602,314.00 on 24 April 2010 which effectively wiped out the plaintiff's claim.