JUDGMENT

[ ON PRELIMINARY OBJECTION ]

I. APPEAL

This is an appeal by the appellant-plaintiff ("plaintiff) against the decision of the learned sessions court judge who had on 22 May 2001 dismissed with costs the plaintiffs application for summary judgment under O.26A of the Subordinate Courts Rules 1980 ("O.26A application").

Unless a contrary intention appears, all references to any order or rule in this judgment is a reference to that order or rule in the Subordinate Courts Rules 1980; and a reference to a section shall be a reference to that section in the Courts of Judicature Act 1964.

3

II. QUESTION FOR DETERMINATION

A novel and interesting question of law seems to have been raised for the respondent-defendant ("defendant") by way of preliminary objection to the effect that the plaintiff has no right of appeal. Hence, the question of law for determination is whether a decision of a subordinate court dismissing an O.26A application is appealable.

III. SUBMISSIONS FOR DEFENDANTS

En. WS Goh, learned counsel for the defendant, submitted that the plaintiff could only appeal if there is a "decision" under O.49 r 1 and r 6 read together with s.3 and that a "decision" must be a final d