Lee Swee Seng JCA:

JUDGMENT OF THE COURT

[1]This is an appeal from a decision of the High Court that had dismissed a s 30Construction Industry Payment and Adjudication Act 2012

[2]The issues raised in this appeal were whether retention sum retained by the principal from certified amounts due to the main contractor was money “due or payable” to the main contractor from the principal and whether on the balance of probabilities the subcontractor had proved that there was money “due or payable” from the principal to the main contractor when the request for payment was served on the principal under s 30(1)CIPAA

[3]It was also argued by the principal who is the Government of Malaysia (“GOM”) and more particularly Jabatan Kerja Raya (“JKR”) that since it did not recognise nor consent to the main contractor appointing the subcontractor, it was not bound to make any payments under s 30CIPAA

In the High Court below

[4]The subcontractor KSB was the plaintiff in the High Court below and the appellant here. The GOM/JKR was the defendant below and the respondent here.

[5]The High Court held that the liability of the principal to pay if there is a debt due or payable from it to the main contractor is ir