Westbrook and Westbrook

In the Family Court of Australia at Sydney, Mrs Westbrook (the applicant) and Mr Westbrook (the respondent) were engaged in proceedings for property settlement and other financial applications. The central dispute concerned the valuation of the parties' assets, with no agreement reached on the value of their property or the appointment of single expert witnesses to value company interests and real estate. The wife had nominated three accountants and three real estate agents, and the husband had subsequently proposed alternative experts.

The court was required to determine which experts, if any, should be appointed as single expert witnesses to value the parties' interests in various companies and trusts, and to value specific parcels of real estate located in New South Wales and Queensland. The court also had to consider the competing submissions regarding the expertise, experience, and cost of the proposed valuers, as well as the issue of who would bear the initial costs of these expert reports.

Justice Moore, after reviewing the submissions, decided to appoint the experts nominated by the wife. The court reasoned that while minimising costs was a valid consideration, the primary objective was to obtain a fair and reliable valuation of the assets. The court found that the wife's nominated accountant, Ms E, was experienced and well-suited for the task of valuing company and trust interests. Similarly, for the real estate valuations, the court appointed Mr B to value the New South Wales properties and TB Company to value the Queensland properties, finding their experience more appropriate for the specific assets in question, despite the lower cost proposed by the husband's nominee. The issue of costs for these experts was deferred to the hearing of the interim costs application.