[1] This is an appeal by the appellant against the decision of the High Court allowing the respondent's application for summary judgment under O 14 of the RHC 1980 in respect of part of the respondent's counterclaim amounting to RM3,641,315.73 against the appellant.

Factual Background

[2] The appellant (which was the plaintiff at the Court below) at all material times was a developer of a mixed development project in Sabah and was undertaking a project known as the "1 Borneo Hypermall" in Kota Kinabalu.

[3] The respondent (which was the defendant at the Court below) was a company involved in a business of provision of customised system, services and solutions for heating, ventilation and air conditioning. The respondent used green building technology and can custom design building system that operate with maximum energy efficiency.

[4] By a letter of award dated 24 April 2006, the appellant commissioned the respondent to install air-conditioning and mechanical ventilation system and services in the 1 Borneo Hypermall complex. Works have been carried out by the respondent and as at 28 April 2010, a sum of RM3,641,315.73 had been certified completed by the appellant.

[5] The appellant c