Gunalan Muniandy JCA:

Introduction

[1] This is an appeal by the appellant/defendant against the decision of the Learned Judicial Commissioner ("LJC") dated 4 June 2020 in granting an injunction to restrain the appellant from filing a winding-up petition against the respondent/plaintiff based on 31 December 2019 Statutory Notice.

Background Facts

[2] The respondent was the main contractor appointed by Jabatan Pengairan dan Saliran Malaysia to execute construction works for a project at the Melaka River. In turn, the respondent appointed the appellant as a subcontractor to execute certain parts of the works.

[3] The appellant commenced adjudication proceedings against the respondent under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA 2012"). The appellant claims a total amount of RM3,483,025.06 comprising:

(1) Balance of certified claim Nos 1 to 16;

(2) Non-certified Progress Claims Nos 17 and 18;

(3) Revised Progress Claim No 19;

(4) Variation Order;

(5) Remeasurement works and other miscellaneous items

[4] In the adjudication, the respondent contended that although there was an unpaid certified amount of RM1,255,794.63 and variation of RM80,631.76, the claims w