Contract : Payment for work done - Interim certificate - Whether interim certificates may be considered as a final amount of the value of work done - Contract subject to remeasurement - Whether amount claimed based on said interim certificates would be subjected to remeasurement - Question posed to Federal Court not related to a matter in respect of which a determination has been made by the court below - Effect of

The appellant, Usima Sdn Bhd was appointed as the main contractor by Jabatan Kerja Raya ('JKR') to construct a water tank and carry out pipe laying works (the main contract). By a Letter of Award dated 5 November 2002, Usima appointed the respondent, Lee Hor Fong ('LHF") as its subcontractor to carry out and complete the contract works for a total sum of RM9,510,863.51. Subsequently, a dispute arose between the parties and Usima terminated the subcontract alleging that LHF had breached the terms of the contract by abandoning the contract works. LHF commenced action against Usima in the High Court claiming for a sum of RM3,159,540.15, premised on Usima's refusal to pay for work done and a further sum of RM143,472.62 from the retention sum. Usima filed a counterclaim for a total sum of RM