25 Sept 1990
DAO DUC LINH AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- DAO DUC LINH AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV139/1990
The judge properly exercised his discretion in refusing to appoint a court expert under Order 40 because, on his review of the affirmations and evidence, the alleged interpreter incompetence did not give rise to sufficient concern of prejudice to warrant appointment; the appellate court will not disturb such a discretionary decision absent a finding it was plainly wrong; additional considerations (existing affidavit evidence, lack of objective standards for testing competence, practical difficulties) supported refusal, therefore the appeals were dismissed.