Read the full judgment text of HCCT 27/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 January 2019 before Hon Mimmie Chan J.
Construction and arbitration proceedings involving claims of defects and outstanding works at residential buildings in Whampoa Estate. The Owners relied on several Assessment/Survey Reports compiled prior to court-ordered expert evidence directions. The Court considered the nature and admissibility of expert evidence under Order 38 rules and concluded that these reports constitute expert opinion evidence requiring court leave, which was not obtained. Relying on The Torenia case, the Court affirmed the necessity of leave for expert evidence and the duty of experts to provide comprehensive reports disclosing methodology and basis of opinions. The Forwin infrared thermography report, relied on by the Owners’ expert, was also ruled inadmissible absent leave. The Court ruled the Assessment/Survey Reports and related expert analyses inadmissible and dismissed the defendants’ argument, made after disclosure, of implied agreement to admissibility. Costs were awarded against the Owners. This decision underscores the critical importance of early and strict compliance with court directions on expert evidence in civil litigation to uphold fairness and proper case management.
Legal issues: Admissibility of Assessment/Survey Reports as expert evidence · Admissibility of Forwin infrared thermography report
Outcome: The Court granted the Contractor’s application; the 10 Assessment/Survey Reports and the Forwin infrared thermography report are inadmissible as expert evidence.
Cited by 2 cases · Cites 2 cases