The initial dispute had involved non-payment for a contracted feasibility report drawn up by a consultant to support a bank financing request. The final report had concluded the project seeking finance was not feasible and the project owner had refused to pay because they claimed the report had not been properly completed. The first instance court had concluded the report work had been properly done and the amounts were payable. The key issue at appeal was whether the court of first instance had been wrong to refuse a late request by the project owner to appoint an expert witness.