ATSH Construction Sdn Bhd v STRONG MIXED CONCRETE SDN. BHD. PIHAK KETIGA SSJ CONSULTING ENGINEERS SDN BHD

pa-22c-02-08-2017 High Court (Mahkamah Tinggi) 23 April 2025 • PA-22C-02-08/2017

Catchwords

On this issue, the Court adopted the maxim that “the opinion evidence is not conclusive, nor is it absolute.” The evidence is open to be challenged through cross- examination. In JASMAIR SINGH A/L PAJAN SINGH V BIR SINGH @ TEJA SINGH & ORS [2021] MLJ 328, the Court held that: “Expert evidence was not conclusive as it was merely opinion evidence used to assist the Court, and such expert evidence must not be used to compel the formulation of the judgment of the Court. The Court, in evaluating the expert evidence and after considering the credibility of the witnesses, must still come to its own opinion.”

Practice Areas

On this issue, the Court adopted the maxim that “the opinion evidence is not conclusive, nor is it absolute.” The evidence is open to be challenged through cross- examination. In JASMAIR SINGH A/L PAJAN SINGH V BIR SINGH @ TEJA SINGH & ORS 2021 MLJ 328, the Court held that: “Expert evidence was not conclusive as it was merely opinion evidence used to assist the Court, and such expert evidence must not be used to compel the formulation of the judgment of the Court. The Court, in evaluating the expert evidence and after considering the credibility of the witnesses, must still come to its own opinion.”

Judges (1)

Azizan bin Md. Arshad Delivered

Parties (3)

ATSH Construction Sdn Bhd Plaintiff SSJ CONSULTING ENGINEERS Sdn Bhd Third Party STRONG MIXED CONCRETE Sdn Bhd Defendant

Case Significance

ATSH Construction Sdn Bhd v STRONG MIXED CONCRETE SDN. BHD. PIHAK KETIGA SSJ ... is a High Court (Mahkamah Tinggi) decision dated April 23, 2025 (citation: pa-22c-02-08-2017). The case was decided by Azizan bin Md. Arshad.

What was the outcome of ATSH Construction Sdn Bhd v STRONG MIXED CONCRETE SDN. BHD. PIHAK KETIGA SSJ ...?

ATSH Construction Sdn Bhd v STRONG MIXED CONCRETE SDN. BHD. PIHAK KETIGA SSJ ... is a High Court decision dated April 23, 2025. The case was heard by Azizan bin Md. Arshad. See the full judgment for details.