Read the full judgment text of CAMP 22/2019 AND CACV 67/2019 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 8 February 2019 before Hon Cheung JA, Kwan JA.
Civil Procedure — Expert Evidence — Admissibility — Construction Defect Litigation — Leave to adduce expert evidence — Court order dated 26 November 2015 permitting expert evidence on structural engineering and infrared thermography — Nine reports prepared 2009–2013 by Wong & Cheng Consulting Engineers relating to inspections and hammer tapping tests — Whether leave for relying on these reports was granted — Court holds reports constitute expert evidence admissible under earlier order given Dr Chan’s personal involvement and supervision of tests — Separate leave not required except for parts involving infrared thermography by a third party — Earlier exclusion order set aside — Costs awarded on usual rule with costs of summons to plaintiff and costs of appeal/payments reversed accordingly.
Legal issues: Admissibility of expert evidence reports
Outcome: Appeal allowed; 9 Reports admitted as expert evidence under 2015 Order except for specified parts of August 2009 report; judge’s order set aside
Cited by 1 case · Cites 2 cases