Litigation Green Light

Around the Firms    Monday, March 30, 2026

Hotly pursued dispute between former partners in offshore law firm ... An avalanche of litigation ... Foreign Judgments Act ... Registration in NSW Supreme Court of foreign judgments ... Overlapping litigation ... Stay orders vacated ... Mae Milne reports
High Court of England and Wales: international judicial comity

Following Kazakhstan-based law firm Michael Wilson & Partners Ltd’s recent success in the England and Wales High Court of Justice (see further Success Abroad), the firm has been given the green light to continue litigation in the NSW Supreme Court.

The matter at its heart involves a dispute between MWP and its former partners and employees, who diverted MWP’s business to a separate partnership.

The firm’s principal, Michael Wilson, is a former Baker & McKenzie partner.

What followed can only be described as an avalanche of litigation, which has spanned two decades in numerous jurisdictions.

Relevantly, on August 31 2023, MWP commenced proceedings in the Supreme Court against former business partner John Emmott, seeking registration of judgments from the E & W High Court, the High Court of the British Virgin Islands, the New Zealand High Court, and seeking orders under s.6 of the Foreign Judgments Act (Cth).

A decision made by the Senior Deputy Registrar in early 2024 was subsequently challenged by both Emmott and MWP.

At the same time, overlapping litigation was taking place in the EWHC. Due to the need to conserve judicial resources and avoid inconsistent judgments, Monika Schmidt JA stayed the NSW Supreme Court proceedings on November 14, 2024, pending the matter’s final determination abroad.

The stay on proceedings was affirmed by Peter Garling J of the Supreme Court on November 14, 2025, who held that in the interests of international judicial comity, one court should determine the monies owed by one party to the other.

From an Australian perspective, HH held that the court should be the EWHC.

Following the determination of proceedings in the EWHC, both orders have since been vacated by Elkaim AJ.

Michael Wilson & Partners Ltd v Emmott [2025] NSWSC 1315
Michael Wilson & Partners Ltd v Emmott (No. 2) [2024] NSWSC 1435

 

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