Lim Chong Fong JCA:

GROUNDS OF JUDGMENT

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 24th 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 17th 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^th February 2020 made his decision (“Decision”) in favour of the Respondent by o