Lim Chong Fong JCA:

Introduction

[1] This is an appeal against the decision to wind-up a company based on non payment ordered by an adjudication decision made under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").

[2] The Appellant here (Respondent in the High Court) is the developer of a service apartment located at the Mines Resort City, Selangor ("Project").

[3] The Respondent here (Petitioner in the High Court) is the construction works contractor engaged by the Appellant to construct and complete the building and infrastructure works of the Project.

[4] We heard the appeal on 24 November 2023 and thereafter reserved our decision to deliberate on the submissions advanced by the parties.

[5] Having so duly deliberated, we provide below our decision together with the supporting grounds thereof.

Background

[6] The Respondent on 17 July 2019 initiated CIPAA adjudication proceeding against the Appellant for unpaid interim certificate no 4R for work done in the Project amounting to RM5,510,197.91.

[7] After having gone through the adjudication proceeding, the adjudicator on 4 February 2020 made his decision ("Decision") in favour of the Respondent by ordering,