Michael Wilson and Partners, Limited v Emmott

Michael Wilson and Partners, Limited (the applicant) appealed to the Court of Appeal of New South Wales against orders made by a single judge. The dispute concerned the applicant's compliance with orders for security for costs and the ambit of a notice to produce documents, which the applicant alleged was oppressive and vexatious.

The Court of Appeal was required to determine whether the applicant had complied with the orders for security for costs and, if not, the consequences thereof. It also had to consider whether the notice to produce documents issued by the respondent was oppressive or vexatious, and therefore should be set aside or its scope limited.

The Court found that the applicant had failed to comply with the orders for security for costs. It reasoned that the rules governing appeals, specifically rule 51.50 of the Uniform Civil Procedure Rules 2005 (NSW), provided for dismissal in such circumstances. Regarding the notice to produce, the Court determined that while the applicant had raised legitimate concerns about its breadth, the respondent had made some concessions, and the notice was not so fundamentally flawed as to warrant complete dismissal. The Court ultimately extended the time for compliance with the security for costs orders, but stipulated that failure to comply within the extended period would lead to the dismissal of the appeal and the application for leave to appeal.

The Court ordered the dismissal of certain prayers for relief in the amended motion and the notice of motion, with costs. It also extended the time for compliance with specific orders for security for costs, and stipulated that the appeal and application for leave to appeal would be dismissed if these orders were not complied with within the extended timeframe. The remaining aspects of a motion dated 23 March 2020 were dismissed, with the respondent to that motion ordered to pay the applicant's costs.