JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This is the plaintiff's claim ("this application") for alleged unlawful termination and breach of contract, and the defendant's counterclaim for the plaintiff's purported failure to complete the work pursuant to such contract.

The Factual Background

[2] The plaintiff company was appointed as a sub-contractor by the defendant company to do retrofitting work on four rubber-tyred gantry cranes (RTGs) for an agreed price of RM7 million ("the Business Contract"). The work commissioned was pursuant to the defendant's contract with Johor Port Berhad ("JPB"). After a deposit of RM2.8 million had been paid to the plaintiff, it had commenced work on the first RTG ("TC13") in August 2019. The defendant, however, sometime in October 2019, terminated the Business Contract for the Second to Fourth RTGs, and instructed the plaintiff to leave the site after completing work on TC13.

[3] The plaintiff continued to work on TC13, and, according to the plaintiff, completed it in November 2019. The plaintiff left the site in December 2019, and thereafter issued a bill for RM1.2 million for the work it had done on TC13. The defendant, however, refused to pay