NSW Caselaw
New South Wales Supreme Court
CITATION : Michael Wilson and Partners Limited v Robert Colin Nicholls & Ors [2009] NSWSC 669
HEARING DATE(S) : 15/06/09, 16/06/09, 23/06/09, 24/06/09, 29/06/09, 30/06/09, 13/07/09, 14/07/09 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 14 July 2009
DECISION : Order that defendants costs of and occasioned by the time to be taken in absorbing the latest tranche of 18 or thereabouts folders to be paid by the plaintiff on an indemnity basis. Compulsory mediation ordered.
CATCHWORDS : Practice and procedure - Complex commercial litigation - Responsibility of parties, through their legal representatives, to assist the Court to further the overriding purpose to facilitate the just, quick and cheap resolution of the real issues in dispute and to participate in the processes of the Court to that end - Trolley load litigation, namely practice of a party in litigation with little or no notice, to flood its opponent with materials and then to insist that whilst its opponent is entitled to a period in which to endeavour to absorb new materials, that period should be miniscule - Trolley load litigation to be discouraged but when it has clearly been deployed and has the capacity to wrong foot the opposing party, the Court utilises its many powers to right the imbalance - Compulsory mediation
LEGISLATION CITED : Civil Procedure Act 2005 (NSW),
CATEGORY : Procedural and other rulings
Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd & Ors [2009] NSWCA 12 Bellevarde Constructions Pty Limited v CPC Energy Pty Limited [2008] NSWCA 228 Boyes v Colins [2000] WASCA 344; 23 WAR 123 Glover v Australian Ultra Concrete Floors Pty Limited [2003] NSWCA 80 Hooker v Gilling [2007] NSWCA 99 CASES CITED : Khan v Armaguard Ltd [1994] 1 WLR 1204 Mercer v Chief Constable of the Lancashire Constabulary [1991] 1 WLR 367 Michael Wilson & Partners v Robert Colin Nicholls & Ors [2009] NSWSC 548 Nowlan v Marson Transport Pty Limited [2001] NSWCA 346 Sutton v Erect Safe Scaffolding (Aust) Pty Ltd [2006] NSWCA 265 White v Overland [2001] FCA 1333
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