NSW Caselaw
Reported Decision : 74 NSWLR 218
New South Wales Supreme Court
CITATION : Michael Wilson & Partners Ltd v Robert Colin Nicholls & ors [2008] NSWSC 1230
HEARING DATE(S) : 31 October 2008 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 4 November 2008
DECISION : Defendants ordered to produce discovered documents for inspection in Almaty, Kazakhstan subject to restrictions on dissemination. Motion otherwise dismissed.
CATCHWORDS : PROCEDURE – DISCOVERY – where defendants have repeatedly defaulted on complying with discovery over lengthy period but later rectified defaults – whether defence should be struck out - PROCEDURE – DISCOVERY – CONFLICT OF LAWS – where plaintiff is a law firm located in Kazakhstan – whether defendants (also in Kazakhstan) should be ordered to produce for inspection discovered documents – where documents are located and would be inspected in Kazakhstan – where defendants claim that production would contravene Kazakh civil/criminal law – whether documents subject to privilege against self-incrimination – whether a New South Wales Court can order a party to act in contravention of a law of a foreign State – distinction between procedural and substantive law – whether laws of forum in respect of procedure prevail – whether Court can take into account the laws of a foreign State when making procedural orders – onus of proof of illegality – whether allowing inspection would attract administrative, civil or criminal liability in Kazakhstan for disclosure of confidential commercial information – whether documents in fact contain confidential commercial information - PROCEDURE – DISCOVERY – whether defendants should give further and better discovery - PROCEDURE – DISCOVERY – Harman undertaking – where related arbitration proceedings on foot in United Kingdom – whether Harman undertaking given in respect of documents discovered should be set aside so that the documents can be used in the United Kingdom proceeding – where evidence suggests that application for access to discovered documents motivated by United Kingdom proceeding
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate