Michael Wilson & Partners Limited v Emmott [2020] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Michael Wilson & Partners Limited v Emmott [2020] NSWCA 139 Hearing dates: 11 May 2020 Decision date: 10 July 2020 Before: McCallum JA Decision: (1) The relief sought in prayer 4 of the appellant's amended notice of motion dated 6 April 2020 is refused. (2) Until further order, the respondent is not obliged to produce the documents referred to in the notice to produce served by the appellant on 20 April 2020 Catchwords: CIVIL PROCEDURE – Court of Appeal – stay of orders – application for stay of orders requiring payment of costs thrown away on the occasion of a late adjournment application and security for the costs of the appeal – stay sought pending resolution of application in the United Kingdom to vary freezing order – where respondent consents to the variation of the order to the extent necessary to permit the appellant to comply with the orders sought to be stayed – stay sought pending the end of crisis measures in Kazakhstan to address the COVID-19 coronavirus pandemic CIVIL PROCEDURE – Court of Appeal – notice to produce – where served by appellant when the prosecution of the appeal is stayed – where served on a party who objects to the jurisdiction of the Court – whether respondent has submitted to the Court's jurisdiction or waived his right to object to jurisdiction by seeking costs, security for costs and an order relieving him of the obligation to comply with the notice to produce Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 12.11, 21.10, 21.11 Cases Cited: Laurie v Carroll (1958) 98 CLR 310 at 335; [1958] HCA 4 Lhoneux, Limon & Co v Hong Kong and Shanghai Banking Corporation (1886) 33 Ch D 446 National Commercial Bank v Wimbourne (1987) 11 NSWLR 165 at 176 News Corporation Ltd v Lenfest Communications Inc (1996) 40 NSWLR 250 at 260-261; [1996] NSWSC 474 Protec Pacific Pty Ltd v Steuler Industriewerke GmbH [2007] VSC 93 White v Hardwick (1922) 23 SR (NSW) 6 Texts Cited: M Davies, A S Bell and P L G Brereton, Nygh's Conflict of Laws in Australia (LexisNexis Butterworths, 9th ed, 2014) Category: Procedural and other rulings Parties: Michael Wilson & Partners Limited (appellant) John Forster Emmott (respondent) Representation: Counsel: M Wilson (appellant) J Baird (respondent)