Kipoi Holdings Mauritius Limited v Robert Michael Kirman as Joint and Several Administrators of Tiger Resources Limited Acn 077 110 304 (Subject to Deed of Company Arrangement)

[2026] WASCA 28

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Trial
3. › Application to vacate or adjourn trial
4. › Expert evidence
5. › Expert conclave
6. › Allegation of ambush due to opposing expert's failure to provide report prior to conclave
7. › Extent of asserted prejudice
8. › Whether prejudice could be remedied short of adjournment
1. Practice and Procedure
2. › Expert evidence
3. › Expert conclave
4. › Function and purpose of expert conclave
5. › Whether conclave is opportunity for experts to refine arguments
6. › Obligation of expert witness to assist court impartially
1. Practice and Procedure
2. › Subpoenas
3. › Leave to issue subpoena
4. › Scope of subpoena
5. › Legitimate forensic purpose
6. › Service and Execution of Process Act 1992 (Cth), s 30(2)

Quick Take

Expert conclaves are not an opportunity for experts to refine arguments supporting a party's position; an expert who treats the conclave in that manner may be regarded as partisan, and a party alleging ambush in a conclave must demonstrate substantial prejudice that cannot be remedied by measures short of vacating the hearing.

Case Details

Citation[2026] WASCA 28

CourtWASCA

JurisdictionWestern Australia

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