Read the full judgment text of HCCT 20/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 May 2021 before Hon Mimmie Chan J.
Construction law — Expert evidence — Single joint expert report — Application for leave to appoint another expert close to trial — Delay of almost one year in making application — Allegations of unpleaded facts and insufficiency in single joint expert report — Risk of expert shopping and procedural inefficiency — Proposed expert with close ties to Plaintiff raising concerns of bias — Court emphasizes procedural economy, fairness to parties, and importance of finality and confidentiality in expert evidence — Application refused with costs on indemnity basis. The Plaintiff sought leave nearly a year after trial adjournment to appoint an expert to challenge the single joint expert's defects report. The court held that the delay, proximity to trial, possible expert shopping, and risk of bias against the Defendant weighed against allowing the late expert evidence. The Plaintiff had available adequate procedural means to question or clarify the existing report. The proposed expert’s close consultancy and mediation involvement with the Plaintiff further disqualified his appointment as an impartial expert. The Court refused the application for leave, awarded indemnity costs to Defendant, and ordered costs of the improper report not to be recoverable from Defendant.
Legal issues: Application for leave to appoint additional expert
Outcome: Plaintiff's summons for leave to appoint own expert dismissed; costs on indemnity basis awarded to Defendant
Cited by 2 cases · Cites 2 cases