Michael Wilson and Partners Limited v Robert Colin Nicholls & Ors [2009] NSWSC 548

Michael Wilson and Partners Limited v Robert Colin Nicholls & Ors [2009] NSWSC 548

Defendants are entitled to a reasonable opportunity to examine materials recently disclosed by the plaintiff, including materials arising from related arbitration, and proceedings are adjourned to allow such opportunity. No basis exists to restrain plaintiff's counsel from participating.

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
Jurisdiction
Australia
Judgment Date
16 June 2009
Procedural Posture
Civil / Procedural Ruling on Notice of Motion; Interlocutory Stage
Outcome
Proceedings adjourned; defendants granted opportunity to examine materials
Legal Topics
Natural Justice, Fair Trial, Disclosure, Stay of Proceedings
Civil Procedure Natural Justice Fair Trial Disclosure Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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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

Procedural Posture

Civil / Procedural Ruling on Notice of Motion; Interlocutory Stage

Legal Issues

  1. 1 Whether defendants are entitled to an adjournment to examine newly disclosed materials
  2. 2 Whether plaintiff's counsel should be restrained from participating due to prior involvement in related arbitration
  3. 3 Whether disclosure obligations regarding arbitration materials were met

Ratio Decidendi

Defendants are entitled to a reasonable opportunity to examine materials recently disclosed by the plaintiff, including materials arising from related arbitration, and proceedings are adjourned to allow such opportunity. No basis exists to restrain plaintiff's counsel from participating.

Court Disposition

Proceedings adjourned; defendants granted opportunity to examine materials

Orders

  • Proceedings adjourned to 23 June 2009 for review of examination of documents
  • Redacted documents to be provided to Court for determination of relevance