28 Aug 2024
Lam Kim Kai 1. ) Har Kah Seng 2. ) Phon Chooi Peng 3. ) Apec Fasa Sdn Bhd
- Citation
- WA-24NCC-613-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-613-11/2023 (Mahkamah Tinggi)
The court appointed the applicant's nominated valuer (MSA) because MSA demonstrated suitability by providing consent, a detailed methodology and a fee reflecting the substantial and complex work required; the defendants failed to adduce evidence to show MSA's fee was unreasonable or that their nominees were more suitable, and therefore did not discharge the burden to rebut the default position of accepting the applicant's nominee. The defendants are ordered to pay MSA's fees and must cooperate with the valuation process, with specified consequences if they default.