Badat v Bp Australia Pty Ltd

[2026] WASC 48

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Interlocutory applications
4. › Applications not pressed by applicant
5. › Whether costs should follow the event or be costs in the cause
6. › Whether application was doomed to fail
1. Practice and Procedure
2. › Case management
3. › Late applications to adduce further evidence
4. › Non-compliance with court orders
5. › Proximity to trial
6. › Inadequate evidence explaining delay
7. › Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B
1. Practice and Procedure
2. › Expert evidence
3. › Jointly appointed experts
4. › Objections to jointly appointed expert reports
5. › Whether party can object to evidence of expert it jointly retained
6. › Late objections to expert evidence
1. Practice and Procedure
2. › Expert evidence
3. › Court-appointed experts distinguished from jointly appointed experts
4. › Whether experts appointed under O 40 of the Rules of the Supreme Court 1971 (WA)
5. › Rules of the Supreme Court 1971 (WA), O 40

Quick Take

Experts selected by the parties through a joint process, even where the Court settled the expert schedule and orders used the language 'Court-appointed expert', are not 'Court experts' within O 40 of the Rules of the Supreme Court 1971 (WA) where the Court did not appoint them, did not supply their reports, and did not fix their remuneration.