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

Can a Malaysian Court Reject an Unopposed Expert Opinion?
When a legal dispute involves complex technical, medical, or financial data, parties often rely on expert witnesses. A common misconception in Malaysian litigation is that if one party provides an expert opinion and the opposing side fails to challenge it with their own expert, the judge must accept it as fact.
However, the Malaysian judiciary has firmly established that unopposed expert evidence is not automatically binding. The court remains the ultimate finder of fact.
The Ultimate Authority: The Court as the Final Arbiter
In the landmark case of Duta Nilai Holdings Sdn Bhd v. Ismail Othman & Ors [2026] 4 MLRA 1, the Court of Appeal clarified the boundaries of expert testimony. The Appellant argued that because their expert’s opinion was unopposed, the trial judge was legally required to accept it.
The Court of Appeal rejected this argument, stating:
"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."
This ruling underscores a fundamental rule of evidence: expert evidence is advisory, not mandatory.
Statutory and Case Law Framework in Malaysia
The principle that judges hold the final say is supported by decades of Malaysian statutory and case law:
  • Section 45 of the Evidence Act 1950: This statute allows the court to introduce expert opinions to assist judges in specialized fields. However, the Act acts as an aid to the court, not a replacement for judicial decision-making.
  • Kulasingam Samuel v. Rasammah JV Thambipillai [1996] 2 MLRA 97: The Court of Appeal previously emphasized that expert witnesses only offer opinion evidence, leaving the court entirely free to draw its own independent conclusions.
  • Dr Shanmuganathan v. Periasamy Sithambaram Pillai [1997] 1 MLRA 1: The Federal Court confirmed that "the court is the final arbiter, not the experts or witnesses." A judge holds the legal authority to reject expert evidence after evaluating the totality of the case.
4 Reasons a Judge May Reject Unopposed Expert Evidence
Even without a contradicting expert witness from the defense, a trial judge will scrutinize the testimony. A judge may reject or reduce the weight of an expert report based on four critical flaws:
  1. Flawed Methodology: If the scientific or analytical methods used by the expert are outdated, unreliable, or logically unsound.
  2. Faulty Assumptions: If the expert based their final conclusion on unproven facts, missing data, or speculative theories.
  3. Narrow Scope: If the expert failed to look at the broader context of the dispute or ignored vital surrounding evidence.
  4. Damaging Concessions: If the expert makes admissions or concessions during cross-examination that undermine the credibility of their own written report.
Key Takeaway for Litigants

For lawyers and litigants in Malaysia, this means you cannot win a technical case simply by showing up with an uncontested expert report. The report must be legally robust, thoroughly reasoned, and capable of withstanding judicial scrutiny. The judge will evaluate how the expert reached their conclusion before granting it any weight in the final judgment.

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