Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott – Final [2024] NSWSC 1489

Supreme Court New South Wales

Medium Neutral Citation: Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott – Final [2024] NSWSC 1489 Hearing dates: 18 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Equity - Commercial List Before: Hammerschlag CJ in Eq Decision: Judgment for the defendant Catchwords: CIVIL PROCEDURE – Application by the plaintiff for adjournment of a final hearing set down three months earlier – Where the plaintiff has failed to comply with orders and directions of the Court without any explanation – Where the plaintiff was given the option of a later hearing if it agreed to defer a bankruptcy application it had issued against the defendant and these proceedings are possibly relevant to the bankruptcy proceedings – Where the plaintiff declined to agree to defer – Where the plaintiff's reasons for seeking an adjournment otherwise have no merit – Where the defendant has complied with orders of the Court for preparation of the matter and is ready to proceed – HELD – Application for adjournment refused PARTNERSHIPS AND JOINT VENTURES – Existence of partnership – Where the plaintiff asserts that the defendant established a partnership with two other (both bankrupt and one now deceased) persons to provide legal and consultancy services and claims that the defendant is obliged as a partner to account to their estates, the plaintiff having taken an assignment of their claims – HELD – No such partnership was established Legislation Cited: Civil Procedure Act 2005 (NSW) Foreign Judgments Act 1991 (Cth) Uniform Civil Procedure Rules 2002 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cadence (90) Investments Pty Ltd as trustee of GDC Discretionary Trust v Simon Dougal Chalmers [2019] NSWSC 1168 CFMEU v Personnel Contracting Pty Ltd (2022) 275 CLR 165 Emmott v Michael Wilson & Partners Limited; Michael Wilson & Partners, Limited v Emmott [2022] HCASL 142 Michael Wilson & Partners Limited v Emmott [2024] NSWSC 1258 Michael Wilson & Partners Limited v Emmott (No. 2) [2024] NSWSC 1435 Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust & Temujin Services Limited v Emmott) (No 3) [2024] NSWSC 163 Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott (No 4) [2024] NSWSC 438 Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (atf Temujin International (trading) Trust & Temujin Services Limited v Emmott) (No 5) [2024] NSWSC 1127 Michael Wilson & Partners Ltd v Emmott [2024] EWHC 2731 (Comm) Michael Wilson & Partners Ltd v John Forster Emmott [2024] EWHC 449 Michael Wilson & Partners Ltd v Nicholls [2009] NSWSC 1033 Michael Wilson & Partners Pty Ltd v Emmott [2019] NSWSC 218 Michael Wilson & Partners Pty Ltd v Emmott [2020] NSWCA 245 Michael Wilson & Partners Pty Ltd v Emmott [2021] NSWCA 315; (2022) 396 ALR 497 Michael Wilson & Partners Pty Ltd v Emmott [2024] NSWCA 269 Michael Wilson & Partners Pty Ltd v Nicholls & Ors (2011) 244 CLR 427 Michael Wilson & Partners v Emmott [2024] NSWCA 269 Neilson v Overseas Project Corporation of Victoria Ltd (2005) 223 CLR 331 Nicholls v Michael Wilson & Partners Pty Ltd [2012] NSWCA 383 Category: Principal judgment Parties: Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust & Temujin Services Limited) (Plaintiff)