17 Jul 2023
SPIRAL PRISTINE SDN BHD Sime Darby Property (Bukit Jelutong) Sdn Bhd
- Citation
- BA-22C-44-10/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-44-10/2017 (Mahkamah Tinggi)
Defendant's applications to recall the plaintiffs' expert architects for further cross-examination on rectification cost and to reopen the defendant's case solely for that purpose were allowed because there was a proven parties' agreement to reserve cross-examination (WhatsApp), the proposed recall was capable of assisting the court to decide the dispute in the interest of justice, no real prejudice to plaintiffs would ensue given rights to re-examination and rebuttal, and the court may exercise implied power to reopen cases under s40 IA; costs awarded to plaintiffs for the application.