Michael Wilson & Partners, Limited v Emmott [2020] NSWCA 245

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Michael Wilson & Partners, Limited v Emmott [2020] NSWCA 245 Hearing dates: 31 August 2020 Date of orders: 2 October 2020 Decision date: 02 October 2020 Before: Meagher JA at [1]; White JA at [2]; Emmett AJA at [3] Decision: Order that: 1. The prayers for relief in paras 1, 2 and 3 of the amended motion dated 6 April 2020 filed on 29 April 2020 be dismissed with costs. 2. The notice of motion dated 24 July 2020 filed on 25 July 2020 be dismissed with costs. 3. The time for complying with Orders 5 and 6 made on 25 November 2019 be extended to the date 14 days from the making of these orders. 4. The appeal and the application for leave to appeal be dismissed if either Order 5 or Order 6 made on 25 November 2019 is not complied with in accordance with the previous order. 5. The motion dated 22 March 2020 filed on 23 March 2020 be otherwise dismissed. 6. The respondent to the motion filed on 23 March 2020 pay the applicant's costs of that motion. Catchwords: CIVIL PROCEDURE — Court of Appeal — Application — Dismissal under UCPR r 51.50 — Compliance with security for costs — Variation of security for costs CIVIL PROCEDURE — Court of Appeal — Review of order of single judge of appeal — Notice to produce — Ambit of documents — Whether oppressive or vexatious Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 51.50 Cases Cited: News Corporation Ltd v Lenfest Communications Inc (1996) 40 NSWLR 250 Michael Wilson & Partners Limited v Emmott [2020] NSWCA 139 Texts Cited: Nil Category: Procedural and other rulings Parties: Michael Wilson & Partners, Limited (Applicant) John Forster Emmott (Respondent) Representation: Counsel: B Hancock (Applicant) J Baird (Respondent)