Squaretail Pty Ltd v Ugly Boats Pty Ltd as Trustee of the Geoffrey Steven Bavoillot Family Trust No 2 [2026] WASC 310 — Practice And Procedure & Expert Evidence — Barrister AI
Squaretail Pty Ltd v Ugly Boats Pty Ltd as Trustee of the Geoffrey Steven Bavoillot Family Trust No 2
Appeal against Registrar's decision in relation to contested expert evidence regime
Shareholder dispute in relation to nascent company
Quick Take
1Where competing valuation methodologies are at least arguably appropriate, the court should not at an interlocutory stage foreclose a party's ability to adduce expert evidence in disciplines necessary to support an arguable methodology, particularly where the court is not in a position to select between methodologies prior to trial.
2Proportionality under O 1 r 4A and r 4B RSC must be assessed by reference to the issues in dispute on a fair reading of both parties' cases, not solely by reference to one party's valuation; the stakes of the litigation from the defendants' perspective were relevant to whether additional expert costs were disproportionate.
3An appeal from a Registrar under O 60A RSC is a hearing de novo in which the court may exercise its powers regardless of whether error in the decision below is demonstrated.
