Lim Chong Fong J:

Introduction

[1] This is an application for an order to declare that the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") does not apply to the construction disputes between the parties.

[2] The Plaintiff is an individual and co registered proprietor with both his sons of a double storey house located at No. 2, Jalan Desa 8/4, Bandar Country Homes, 48000 Rawang, Selangor ("Premises").

[3] The Defendant is private limited company and involve in building renovation business.

Background And Preliminaries

[4] By a letter of award dated 20 June 2019 ("Contract"), the Plaintiff appointed the Defendant to carry out renovation works to the Premises ("Works").

[5] In the course of the Defendant carrying out of the Works, the Plaintiff alleged that the progress of the Works was unsatisfactory as well as that the Works were fraught with defects. Consequently, the Plaintiff refused to pay the Defendant for work done under the Contract which resulted in the Defendant suspending the further carrying out of the Works.

[6] The parties met but were unable to compromise and settle their disputes and differences.

[7] As a result, the Defendant through its solicitor