Nicholls & Ors v Michael Wilson & Partners Ltd [2012] NSWCA 383

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nicholls & Ors v Michael Wilson & Partners Ltd [2012] NSWCA 383 Hearing dates: 25, 26 July 2012; 17, 28 August 2012 (further written submissions) Decision date: 28 November 2012 Before: Meagher JA at [1] Barrett JA at [2] Sackville AJA at [3] Decision: 1. The parties file agreed short minutes of order within 14 days, including provision for interest, costs and any other outstanding issues. 2. In the absence of agreed short minutes, the appellants file and serve their draft short minutes of order and brief submissions in support within 14 days. 3. The respondent file and serve its draft short minutes of order and brief submissions in support within a further 14 days. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EQUITY - equitable compensation for breach of fiduciary duties by employees and consultants - assessment after remitter of case by High Court to Court of Appeal - fiduciaries deliberately breached duties by diverting opportunities for legal work from a legal and consulting firm in Kazakhstan to their own firm and by knowingly assisting in other breaches of fiduciary duty - principles governing assessment of equitable compensation for lost opportunity to perform legal work and to receive financial rewards for involvement in projects - need to establish causation - significance of fiduciaries' resignation from firm in order to further their wrongful conduct - extent to which plaintiff is entitled to rely on the presumption against wrongdoers where there are gaps in the evidence.