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EVIDENCE: Whether an unopposed expert’s opinion must be accepted

The answer is “No”.

 

The Court of Appeal in Duta Nilai Holdings Sdn Bhd v. Ismail Othman & Ors [2026] 4 MLRA 1 held that:

 

“[59] The Appellant’s case rests on the proposition that an unopposed expert’s opinion must be accepted. With respect, that is not an absolute rule: a trial judge may reject or limit the weight of expert evidence if the expert’s scope, methodology, assumptions or concessions undermine reliability.

 

[60] It is well settled that expert evidence is advisory in nature and does not bind the Court. Section 45 of the Evidence Act 1950 permits expert opinion to assist the court in matters requiring specialised knowledge, but the responsibility for assessing such evidence and arriving at findings of fact remains with the Court. The Court of Appeal in Kulasingam Samuel v. Rasammah JV Thambipillai [1996] 2 MLRA 97 observed that “expert witnesses only give opinion evidence, but the court is free to draw its own conclusions.” ...

 

[62] The Federal Court in Dr Shanmuganathan v. Periasamy Sithambaram Pillai [1997] 1 MLRA 1 confirms that “the court is the final arbiter, not the experts or witnesses”. It held that the learned judge was entitled to reject the expert evidence after considering the evidence.”

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