16 Dec 2024
SELUAM A/L PONNUSAMI VIANASAUJANA SDN. BHD.
- Citation
- WA-B52NCvC-64-02/2024 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-B52NCvC-64-02/2024 (Mahkamah Sesyen)
The defendant's application was dismissed because it was made late and constituted an attempt to correct the defendant's own failure to appoint an expert earlier; Order 40 is not to be used as a mechanism to remedy procedural negligence or to shift the burden of earlier investigation onto the plaintiff, and on the balance of probabilities there was no need for a court-appointed expert given the plaintiff's prior expert reports.