Wong Kian Kheong J:

A. Background

[1] This judgment shall refer to parties as they were in the Sessions Court (SC).

[2] Symphony Union Suites Sdn Bhd (Employer) had appointed Setiakon Builders Sdn Bhd (Main Contractor) as the main contractor for the Employer's construction project in Bandar Sunway, Selangor Darul Ehsan named "Union Suites" (Project).

[3] The plaintiff company (plaintiff) was appointed by the Main Contractor as the "Mechanical and Electrical" (M&E) sub-contractor for the Project.

[4] The 1st defendant (1st defendant) is the sole proprietor of a business registered under the Registration of Businesses Act 1956 (RBA) with the name "AA Flexi Trading" (AAFT).

[5] The 2nd defendant (2nd defendant) is the 1st defendant's husband. According to para 3 of the Defence filed by the 1st and 2nd defendants (referred collectively in this judgment as the "defendants") in the suit instituted by the plaintiff, the 2nd defendant has been authorised by the 1st defendant to handle all matters regarding AAFT.

[6] The plaintiff had sent to AAFT a "Letter of Award" dated 20 December 2018 (LA). According to the LA, among others:

(1) the plaintiff had appointed AAFT as the plaintiff's su