Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 501

Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 501

The applications to split liability and quantum were dismissed due to factual and evidentiary overlap. Leave was granted to further amend pleadings and adduce further evidence, given the absence of fixed hearing date and insufficient prejudice to defendants. The confidentiality regime was varied to allow greater access to documents for plaintiff’s advisors and principal, subject to undertakings. Plaintiff was entitled to further discovery, and security for costs was ordered in additional amounts. The freezing orders were extended to additional parties and proceeds due to risk of asset dissipation, and application to discharge them was refused.

Parties
Plaintiff: Michael Wilson & Partners Limited; First Defendant: Robert Colin Nicholls; Second Defendant: David Ross Slater; Third Defendant: Temujin Services Limited; Fourth Defendant: Temujin International Limited; Fifth Defendant: Temujin International FZE; Sixth Defendant: Shaikenov & Partners, LLP; Seventh Defendant: Scoulton Holdings Limited; Non Party: PJT Corporate Services
Jurisdiction
Australia
Judgment Date
23 May 2008
Procedural Posture
Commercial Litigation / Interlocutory Case Management and Procedural Applications
Outcome
Interlocutory orders made: Plaintiff's applications for leave to amend and adduce evidence granted; application to split liability and quantum dismissed; confidentiality regime varied; discovery and security for costs ordered; freezing orders extended; application to discharge freezing orders dismissed.
Legal Topics
Case Management, Freezing Orders, Confidentiality Regime, Security for Costs, Pleading Amendments, Discovery
Civil Procedure Equity Commercial Law Case Management Freezing Orders Confidentiality Regime Security for Costs Pleading Amendments +1 more

Case Brief

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Parties

Michael Wilson & Partners Limited

Plaintiff

Robert Colin Nicholls

First Defendant

David Ross Slater

Second Defendant

Temujin Services Limited

Third Defendant

Temujin International Limited

Fourth Defendant

Temujin International FZE

Fifth Defendant

Shaikenov & Partners, LLP

Sixth Defendant

Scoulton Holdings Limited

Seventh Defendant

PJT Corporate Services

Non Party

Procedural Posture

Commercial Litigation / Interlocutory Case Management and Procedural Applications

Legal Issues

  1. 1 Whether to split issues of liability and quantum
  2. 2 Whether to grant leave to further amend pleadings
  3. 3 Whether leave to adduce further evidence in chief should cause freezing orders to be revoked

Ratio Decidendi

The applications to split liability and quantum were dismissed due to factual and evidentiary overlap. Leave was granted to further amend pleadings and adduce further evidence, given the absence of fixed hearing date and insufficient prejudice to defendants. The confidentiality regime was varied to allow greater access to documents for plaintiff’s advisors and principal, subject to undertakings. Plaintiff was entitled to further discovery, and security for costs was ordered in additional amounts. The freezing orders were extended to additional parties and proceeds due to risk of asset dissipation, and application to discharge them was refused.

Court Disposition

Interlocutory orders made: Plaintiff's applications for leave to amend and adduce evidence granted; application to split liability and quantum dismissed; confidentiality regime varied; discovery and security for costs ordered; freezing orders extended; application to discharge freezing orders dismissed.

Orders

  • Leave granted to further amend commercial list statement.
  • Leave granted to serve further evidence in chief (with automatic revocation of freezing orders if further leave sought beyond deadline).