LIM SIEW YONG NING CHING LEE & ANOR

LIM SIEW YONG NING CHING LEE & ANOR

The court enforced its clear unless order because the plaintiff failed to comply and did not produce satisfactory evidence of efforts to return or to obtain an alternative examination; given the peremptory nature of an unless order and the need for fair and timely case management, the plaintiff's medical expert report was expunged and oral evidence based on it disallowed, allowing the trial to proceed on equal footing without that expert evidence.

Citation
JA-A53KJ-458-07/2020 (Mahkamah Sesyen)
Parties
Plaintiff: Lim Siew Yong; Defendant Defendants: Ning Ching Lee & Anor
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
15 June 2021
Case Number
JA-A53KJ-458-07/2020 (Mahkamah Sesyen)
Procedural Posture
Personal Injury Road Traffic Accident / Case Management / Interlocutory Order Enforced (unless Order); Appeal Filed to High Court
Outcome
Unless order enforced: plaintiff's medical expert report expunged and oral testimony relating to it disallowed; case to proceed to trial without reliance on that report.
Legal Topics
Unless Order, Expert Evidence, Automatic Directions (o.34 R10 KKM 2012), Expungement of Expert Report, Case Management Powers (o.34 R2(3))
Source Language
Malay/English
Civil Procedure Personal Injury Evidence Unless Order Expert Evidence Automatic Directions (o.34 R10 KKM 2012) Expungement of Expert Report Case Management Powers (o.34 R2(3))

Case Brief

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Parties

Lim Siew Yong

Plaintiff

Ning Ching Lee & Anor

Defendant Defendants

Procedural Posture

Personal Injury Road Traffic Accident / Case Management / Interlocutory Order Enforced (unless Order); Appeal Filed to High Court

Legal Issues

  1. 1 Whether the court validly issued and lawfully enforced an unless order compelling the plaintiff to attend defendant's expert examination
  2. 2 Whether plaintiff's failure to comply justified expunging her medical expert report and disallowing oral evidence
  3. 3 Whether COVID-19 travel restrictions and being in Singapore constituted a sufficient excuse not to comply with the unless order

Ratio Decidendi

The court enforced its clear unless order because the plaintiff failed to comply and did not produce satisfactory evidence of efforts to return or to obtain an alternative examination; given the peremptory nature of an unless order and the need for fair and timely case management, the plaintiff's medical expert report was expunged and oral evidence based on it disallowed, allowing the trial to proceed on equal footing without that expert evidence.

Court Disposition

Unless order enforced: plaintiff's medical expert report expunged and oral testimony relating to it disallowed; case to proceed to trial without reliance on that report.

Orders

  • Medical expert report of plaintiff dated 30.9.2019 expunged from the court record
  • Plaintiff is prohibited from referring to or adducing oral evidence relating to the expunged report