A. Introduction

[1] This judgment discusses the Court's discretionary power to:

(1) allow a party under s 138(4) of the Evidence Act 1950 ( EA ) to recall the opposing party's expert witnesses for further crossexamination after the completion of a trial; and

(2) allow the party to reopen the party's case after trial has been completed solely for the purpose of the recall.

B. Background

[2] In the above six suits (6 Suits), purchasers (Plaintiffs) of six bungalows built and sold (6 Bungalows) by the defendant company (Defendant), have claimed that the Defendant has breached various provisions of six Sale and Purchase Agreements of the 6 Bungalows entered into by the Plaintiffs and Defendant.

[3] By consent of parties, the 6 Suits have been tried together (Trial).

[4] At the Trial:

(1) the Plaintiffs had called, among others, the following two architects to testify:

(a) Encik