Judgment of the Court

1. This appeal concerns the propriety of questions of law formulated pursuant to section 96(a) of the Courts of Judicature Act 1964 in a civil appeal to this Court.

2. On 19 March 2007, this Court allowed the appellant's application for leave to appeal against the Court of Appeal's decision of 28 March 2006 based on the following questions:

(i) Whether the building contract entered into between Dataran Rentas (the appellant) as the employer and the BMC Construction (the respondent) as the contractor in pursuance of the letter of award dated 29 July 1997 is illegal under the provisions of the Lembaga Pembangunan Industri Pembinaan Malaysia Act, 1994 (LPIPM Act).

(ii) Whether the respondent is entitled to present a winding up petition on the basis of the architect certificates or enforce payment of the architect certificates issued in respect of the building contract entered into between the appellant as the employer and the respondent as the contractor in pursuance of the letter of award dated 29 July 1997.

3. The facts of the case are that by a letter of award dated 29 July 1997 the appellant awarded a building contract to the respondent. Pursuant to the lette