A. Three Novel Issues

[1] This judgment concerns a suit (This Suit) by the plaintiff company (plaintiff) against the defendant company (defendant) for, among others, payment allegedly due from the defendant to the plaintiff for the plaintiff's supply of manpower and tools to erect and dismantle scaffolding for the defendant.

[2] The interesting feature of this case was that on 12 August 2015 [before the commencement of trial of This Suit (Trial)], the defendant had adduced a joint experts' report dated 6 August 2015 (Defendant's Joint Experts Report) [prepared jointly by Mr Richard John Bray (Mr Bray) and Mr Neil Sharpe (Mr Sharpe)] to resist This Suit. However, on 8 October 2021, after the close of the plaintiff's case and in the midst of the defence case, the defendant has filed an application in Court enclosure no 195 (Encl 195) for an extension of time to file a new expert's report by Mr Rodney Martin (Mr Martin) to oppose This Suit. According to the defendant's affidavit in support of Encl 195:

(1) Mr Bray had returned to United Kingdom (UK) and could not test