Michael Wilson & Partners Limited v Emmott [2024] NSWSC 1258

Supreme Court New South Wales

Medium Neutral Citation: Michael Wilson & Partners Limited v Emmott [2024] NSWSC 1258 Hearing dates: 12-13 and 29 August 2024, further submissions filed 3 and 9 September 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The proceedings are stayed. Catchwords: CIVIL PROCEDURE — stay of proceedings — pending proceedings in other court — where foreign judgments between the parties registered in this Court — where defendant applied for a set off order in relation to those judgments in England — where plaintiff failed to disclose set off application to registrar — whether these proceedings ought be stayed pending determination of the English set off application — overriding purpose of Civil Procedure Act 2005 (NSW), s 56 JUDGMENTS AND ORDERS — amending, varying and setting aside — statutory power to set aside order of registrar — where registrar ordered registration of multiple foreign judgments — whether foreign judgments were "enforceable money judgments" within the meaning of the Foreign Judgments Act 1991 (Cth) — issue to be resolved at later stage Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58 Federal Court of Australia Act 1976 (Cth), s 43 Foreign Judgments Act 1991 (Cth), ss 3, 6, 7, 8 Trans-Tasman Proceedings Act 2010 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 53.2, 53.3, 53.5, 53.6, 53.7 Cases Cited: Huang v Deputy Commissioner of Taxation [2020] FCAFC 160 Michael Wilson & Partners Ltd v Emmott [2021] NSWCA 315 Miller v Director of Public Prosecutions [No 2] [2004] NSWCA 249 Porter, in the matter of Slater (No 3) [2021] FCA 688 Yee v O'Dea [2015] NSWSC 1752 Category: Principal judgment Parties: Michael Wilson & Partners Limited (Plaintiff) John Forster Emmott (Defendant) Representation: Counsel: G Burton SC (Plaintiff) J Baird (Defendant)