Read the full judgment text of HCCT 71/2018 on BabelCite. This Court of First Instance judgment was delivered on 9 July 2019 before Hon Mimmie Chan J.
Civil procedure – expert evidence – joint expert report – non-compliance with court order – application for leave to procure another expert – application to dispense with joint report – indemnity costs – The court ordered a joint expert report to identify areas of agreement and disagreement. The Defendant failed to comply despite an extension. The Defendant applied for leave to engage another expert or dispense with the joint report, citing inability to locate its expert Dr Liu and suspected poor health. No confirmed evidence or medical report was provided. The court refused the application, finding no good cause for non-compliance or for engaging another expert. The Defendant was barred from adducing any expert evidence at the substantive hearing. Costs were ordered on indemnity basis against the Defendant, with a warning that parties who hinder expeditious disposal of arbitration-related cases do so at their own risk.
Legal issues: Application for leave to procure another expert and dispense with joint expert report
Outcome: Defendant's application for leave to engage another expert and to dispense with the joint expert report refused. Defendant barred from adducing any expert evidence at the substantive hearing.
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