NICHOLLS v MICHAEL WILSON & PARTNERS LIMITED [2010] NSWCA 222

New South Wales Court of Appeal

CITATION: NICHOLLS v MICHAEL WILSON & PARTNERS LIMITED [2010] NSWCA 222 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26, 27, 28, 29, 30 July 2010

JUDGMENT DATE: 15 September 2010

JUDGMENT OF: Basten JA at 1; Young JA at 114; Lindgren AJA at 190

(1) On the motion of the appellants, admit as further evidence pursuant to s 75A(7) of the Supreme Court Act 1970 (NSW) (a) the second interim award of the London Arbitrators made on 22 February 2010; (b) the 17th procedural order made by the London Arbitrators on 24 March 2010, and (c) the Clarification made by the London Arbitrators on 6 April 2010. (2) On the motion of the respondent, admit as further evidence pursuant to s 75A(7) of the Supreme Court Act 1970 (NSW) (a) bundle of documents constituting Exhibit JR1, and DECISION: (b) bundle of documents constituting Exhibit JR2 each being exhibited to the affidavit of James Malcolm Robinson sworn 18 June 2010. (3) Allow the appeal from the judgments in the Equity Division delivered on 6 October 2009 and 11 December 2009 and set aside the declarations and orders 1-33 made on 11 December 2009. (4) Direct that there be a further hearing of the proceedings in the Equity Division, but that the trial not commence until the determination of the appeal against the second interim award of the Arbitral Tribunal made on 22 February 2010 in London or, if the appeal is upheld and the Tribunal required to reconsider its reasons in any respect, until the redetermination has been made. (5) Dismiss the cross-appeal. (6) Order that the respondent pay the appellants' costs, including reserved costs, in this Court. (7) The costs incurred to date in the Equity Division are to abide the outcome of the further hearing in the Division and are to be determined by the judge conducting the further hearing.