JUDGMENT

Wong Siong Tung JC:

Introduction

[1] The Plaintiff is a company having its registered and business in Kota Kinabalu, Sabah and whereas, the Defendant is a company having its registered office in Kuala Lumpur.

[2] Sometime in June 2019, the Plaintiff and the Defendant entered into a contract contained in various documents in writing whereby the Plaintiff appointed and engaged the Defendant to carry out the construction of a project works known as "the proposed development of 27 units of Resort Villas (Phase 1 A) on part of CL. 045329048 at Pantai Dalit, Tuaran, Sabah" (hereinafter referred to as "the said Project Works") for the sum of RM51,189,353.37.

[3] Towards the end of 2019, disputes arose between the parties relating to the progress claims made by the Defendant under the contract.

[4] After the Defendant through the firm of Messrs. Gananathan Loh served payment claim for RM3,634,824.14 and failing any payment response served by the Plaintiff, the Defendant initiated adjudication proceedings under the Construction Industry Payment And Adjudication Act, 2012 (CIPAA) by a notice of adjudication issued by Messrs Gananathan Loh.

[5] In due course, the Director of Asian Interna