Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Appointment of expert
  • 17 Apr 2023

    EWE SAW LEE DATO' SRI ANDREW KAM TAI YEOW

    Citation
    WA-22NCvC-257-05/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCvC-257-05/2020 (Mahkamah Tinggi)

    The application to appoint an additional party expert was dismissed because the parties had entered a binding Consent Order appointing a court expert, the plaintiff failed to act within the procedural avenues available (notably to apply to cross-examine the court expert within 14 days) and O.40A does not permit circumvention of a court-appointed expert or unlimited party experts; the unexplained delay and prejudice warranted dismissal with costs.