[1] Counsel for the respondent in this appeal applies by notice of motion for the appeal to be dismissed on the ground that the appellant's appeal to the Court of Appeal is incompetent as the value of the subject-matter of the claim under appeal was less than RM250,000 and no leave to appeal to the Court of Appeal was obtained.

[3] "The amount of the claim" has to mean the total amount or sum of the claim in the action which has been adjudged to be payable and, if it is not a money claim, it is "the value of the subject-matter of the claim" in the action which has been adjudged as recoverable because it is only against the judgment (and not against the claim made by claimants in their pleadings) that the appeal could be brought. See Allan v. Pratt [1888] 13 AC 780 . The Earl of Selborne, giving the judgment of the Privy Co