JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] This is an appeal by the Appellant/Defendant against the decision of the Sessions Court in allowing the Respondent/Plaintiffs application for summary judgment. The action filed by the Respondent/Plaintiff against the Appellant/Defendant in the Sessions Court was in relation to a construction claim and a subsequent settlement agreement entered into between the parties.

The Core Issues

[2] Foremost in this appeal is the question of whether this is a case in which the Appellant/Defendant has succeeded in raising an issue or question in dispute which ought to be tried or there ought for some other reason to be a trial within the meaning of O 14 r 3 of the Rules of 2012 .

[3] The ensuing issue is whether it is the Appellant/Defendant that is liable to pay the balance sum owed to and claimed by the Respondent/Plaintiff or some other third party. Put differently, the issue for determination is whether the Appellant/Defendant has been absolved from liability as per the balance sum owed to and claimed by the Respondent/Plaintiff.

The Parties And The Background Facts

[4] Pursuant to a work order alluded to in paragraph [1], the Appellant/Defendant