Read the full judgment text of CAMP 229/2021 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 19 August 2021 before Hon G Lam JA, Chow JJA.
Civil procedure — Construction contract dispute — Expert evidence — Single joint expert (SJE) appointed on defect issues — Plaintiff seeks leave to adduce second expert report after delay — Grounds included alleged deficiencies in SJE report, opinions based on unpleaded matters, and purported independence issues of second expert — Court applied established approach to case management appeals requiring high threshold — Held that presence of a materially different expert opinion alone insufficient to justify second report — Delay of approximately one year, failure to seek clarifications from SJE, and prejudice to defendant outweighed plaintiff’s application — SJE entitled to give honest opinions beyond pleadings; second expert's independence concerns supported refusal — No exceptional circumstances to adjourn trial again — Application for leave to appeal refused with indemnity costs ordered.
Legal issues: Whether leave should be granted to adduce a second expert report · Whether the SJE’s opinions based on unpleaded matters justified a second expert report · Whether delay in making the application for second expert report warranted refusal · Whether concerns about the second expert’s independence and apparent bias justified refusal
Outcome: Application for leave to appeal refused; appeal dismissed with indemnity costs.
Cited by 5 cases · Cites 8 cases