Zen Courts Sdn Bhd v 1. ) Ferrier Hodgson MH Sdn Bhd 2. ) Andrew Heng PIHAK TERKILAN BUKIT JALIL DEVELOPMENT SDN BHD
Catchwords
Keywords: Preliminary objection – whether Defendant is a court appointed expert – whether need leave of Court – professional negligence – damages claim by the Plaintiff – oppression earlier High Court suit – ordered for reliefs including parties to mutually agree on an independent valuer – Plaintiff and another company appointed an independent valuer – not direct appointment by Court – under Order 40 of Rules of Court 2012 – on Court’s motion or by parties – Court expert is Court Officer – specific procedure to be followed under Order 40 rule 2 ROC 2012 – Order 40 rule 5 ROC 2012 provides on remuneration of fees for Court-appointed expert to be paid by the Court but this independent valuer was engaged by a company and its professional fees were paid by the company and no the Court – preliminary objection has rules governing the timeline to notify the other counsel within four clear working days – should not be delayed – no preliminary objection allowed unless substantial miscarriage of justice – Defendant will not be prejudiced if preliminary objection is not allowed.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-285-04-2021)