Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 521

Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 521

Leave is granted only to use documents produced by PJT Corporate Services Pty Ltd because there are special circumstances justifying modification of the implied Harman undertaking: there is an enormous commonality between these proceedings and the BVI proceedings; urgency exists as a BVI receivership judgment is imminent; there is no claim of confidentiality or prejudice to relevant parties, and the documents were obtained regularly. However, leave is refused as to documents produced by the two individuals (Mr Weir and Ms Lighezzolo) because they have not had the opportunity to be heard or joined, following the cautious procedural approach required where documents are sought to be used...

Jurisdiction
Australia
Judgment Date
23 May 2008
Procedural Posture
Notice of Motion (application for Leave to Use Subpoenaed Documents) / Interlocutory (ex Tempore Ruling on Application)
Outcome
Motion allowed in part (leave granted as to documents produced by PJT Corporate Services Pty Ltd only)
Legal Topics
['implied Harman Undertaking' 'use of Subpoenaed Documents' 'leave to Use Documents in Foreign Proceedings' 'freezing Orders']
['practice and Procedure'] ['implied Harman Undertaking' 'use of Subpoenaed Documents' 'leave to Use Documents in Foreign Proceedings' 'freezing Orders']

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Procedural Posture

Notice of Motion (application for Leave to Use Subpoenaed Documents) / Interlocutory (ex Tempore Ruling on Application)

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiff to use documents produced on subpoena for the purposes of proceedings in the High Court of Justice of the British Virgin Islands, modifying the implied Harman undertaking.']

Ratio Decidendi

Leave is granted only to use documents produced by PJT Corporate Services Pty Ltd because there are special circumstances justifying modification of the implied Harman undertaking: there is an enormous commonality between these proceedings and the BVI proceedings; urgency exists as a BVI receivership judgment is imminent; there is no claim of confidentiality or prejudice to relevant parties, and the documents were obtained regularly. However, leave is refused as to documents produced by the two individuals (Mr Weir and Ms Lighezzolo) because they have not had the opportunity to be heard or joined, following the cautious procedural approach required where documents are sought to be used...

Court Disposition

Motion allowed in part (leave granted as to documents produced by PJT Corporate Services Pty Ltd only)

Orders

  • ['Leave granted to the plaintiff to use documents produced to the Court pursuant to the subpoena issued to PJT Corporate Services Pty Ltd dated 10 April 2008 in relation to the receivership applications BVIHCV2006-0307 in the Eastern Caribbean Supreme Court in the High Court of Justice of the British Virgin...