An interlocutory decision, including one on a summary judgment application, will not give rise to an estoppel preventing re-agitation of the issue at a final hearing unless there is either an order for separate determination of a question or an order that shows the issue was finally determined. Statements in reasons or transcript suggesting finality are insufficient without a corresponding order. Trial judges should ensure that if a separate question is to be determined, the issue is precisely identified and a clear order is made.
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