Lee Swee Seng JCA:

JUDGMENT OF THE COURT

[1]This Judgment will explore once again the operation of s 30Construction Industry Payment and Adjudication Act 2012 (“CIPAA”)s 30(5)s 30(2) and (3)CIPAA

[2]Essentially s 30s 30CIPAA

Before the High Court

[3]In brief the subcontractor in its Originating Summons for Direct Payment under s 30CIPAA

[4]Whilst the principal does not dispute the contractual relationship of principal and main contractor and correspondingly the main contractor and the subcontractor, the principal denied that there is any debt owing or payable to the main contractor as the principal had terminated its contract with the main contractor for various breaches of the contract including wrongful suspension of works, failure to proceed with the works regularly and diligently and failure to complete the works within time.

[5]When the contract between the principal and the main contractor was terminated by the principal on 20.10.2020, invariably the contract between the subcontractor and the main contractor was terminated also. The principal said that there is a sum to the tune of about RM41.4 million due and payable from the main contractor to it under the heads of an LAD claim un