Wong Kian Kheong J:

JUDGMENT

(Originating Summons)

A. Background

[1]ÂÂThe plaintiff (Plaintiff) is the sole proprietor of a business named “Better One Marketing” (BOM). BOM provides, among others, painting works (Works).

[2]ÂÂThe defendant company (Defendant) is the employer of a mixed development project in “Muara Selatan”, Kuala Trengganu, Trengganu, known as “KTCC Mall” (Project).

[3]ÂÂMPM Project Management Sdn. Bhd. (MPM) had been appointed by the Defendant to be the main contractor of the Project by way of a “Letter of Award” (LA) dated 16.2.2015 [Contract (Defendant-MPM)]. The value of the Contract (Defendant-MPM) was RM224,053,767.00 [Contract Value (Defendant-MPM)].

[4]ÂÂBy way of a “Letter of Acceptance” dated 7.9.2019, MPM had appointed BOM to do the Works in the Project [Contract (MPM-Plaintiff)].

[5]ÂÂThe Plaintiff (through BOM) had performed the Works but had not been paid for the Works by MPM (Unpaid Works). Hence, the Plaintiff (through BOM) instituted proceedings against MPM under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) to claim for the Unpaid Works (Adjudication Proceedings).

[6]ÂÂIn the Adjudication Proceedings, the adjudica