Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 605

Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 605

The plaintiff demonstrated special circumstances justifying leave to use the subpoena materials in the related overseas proceedings. Given the commonality and urgency of those proceedings, and given the repeated attempts to notify Ms Lighezzolo and PJT Corporate Services Pty Limited and the absence of any response or properly reasoned opposition, the principled exercise of the Court's discretion was to grant the plaintiff's applications notwithstanding the implied Harman undertaking.

Jurisdiction
Australia
Judgment Date
06 June 2008
Procedural Posture
Procedural and Other Ruling in Equity Division Commercial List Proceedings / Plaintiff's Notices of Motion Seeking Leave to Use Subpoena Documents in Overseas Proceedings
Outcome
Orders made in accordance with the plaintiff's application.
Legal Topics
["rule in Harman's Case" 'implied Harman Undertaking' 'use of Subpoena Documents' 'leave to Use Documents in Related Overseas Proceedings' 'non Party Subpoena Recipients']
['civil Procedure' 'equity' 'commercial Litigation'] ["rule in Harman's Case" 'implied Harman Undertaking' 'use of Subpoena Documents' 'leave to Use Documents in Related Overseas Proceedings' 'non Party Subpoena Recipients']

Case Brief

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Procedural Posture

Procedural and Other Ruling in Equity Division Commercial List Proceedings / Plaintiff's Notices of Motion Seeking Leave to Use Subpoena Documents in Overseas Proceedings

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to use documents produced to the Court pursuant to subpoenas in British Virgin Islands receivership applications and United Kingdom arbitration and ancillary proceedings.' 'Whether special circumstances justified release from the implied Harman undertaking in relation to subpoena materials.' 'Whether the absence of Ms Lighezzolo and PJT Corporate Services Pty Limited, after attempts to notify them, should prevent the Court from making the orders sought.']

Ratio Decidendi

The plaintiff demonstrated special circumstances justifying leave to use the subpoena materials in the related overseas proceedings. Given the commonality and urgency of those proceedings, and given the repeated attempts to notify Ms Lighezzolo and PJT Corporate Services Pty Limited and the absence of any response or properly reasoned opposition, the principled exercise of the Court's discretion was to grant the plaintiff's applications notwithstanding the implied Harman undertaking.

Court Disposition

Orders made in accordance with the plaintiff's application.

Orders

  • ["In proceedings no 50151 of 2006 the Court makes an order in terms of paragraph 2(c) of the orders sought in the plaintiff's notice of motion of 20 May 2008." 'The Court further, in the same proceedings, makes the orders sought by the plaintiff in its notice of motion of 30 May 2008 in terms of the three orders...