MWP achieves highly important victory in New Zealand Court of Appeal
MWP is delighted to announce a further significant victory against Mr Thomas Ian Sinclair and the fraudulent Temujin Partnership, this time in the New Zealand Court of Appeal by the judgment of Harrison, Lang and Toogood JJ of 5 August 2016, [2016] NZCA 376.
The New Zealand Court of Appeal entirely set aside the first-instance judgment of Mallon J in the New Zealand High Court of 29 April 2016 [2016] NZ HC 835, by which the High Court had stayed enforcement of final and binding judgment debts of the Privy Council, the Bahamas Court of Appeal and the Bahamas Supreme Court of more than US$3m against Mr Sinclair, arising from abusive litigation that Mr Sinclair, a citizen of New Zealand (acting together with Messrs Emmott and Nicholls), had wrongly commenced against MWP in October 2006, as part of an on-going fraudulent conspiracy to injure MWP.
The New Zealand Court of Appeal found that the High Court was wrong to look beyond the requirements for satisfaction of s. 56 of the Judicature Act 1908 concerning the recognition of foreign judgments, that it had misunderstood the hierarchy of that section vis-à-vis r 17.29 of the High Court Rules [NZ] and that, in any event, there would be no miscarriage of justice in MWP enforcing its Privy Council and Bahamian judgments and orders against Mr Sinclair in New Zealand.
Crucially, the Court of Appeal found that:
“…Messrs Sinclair and Emmott were business allies and associates…”
“The Bahamian orders are… final, binding and conclusive between the parties, relating solely to litigation in that forum. The costs awards were made there… because Mr Sinclair abused the process of the Bahamian courts to invoke a jurisdiction which did not exist. That conclusion and Mr Sinclair’s liability for costs awarded in the Bahamas are now beyond challenge.”
“…the possibility of Mr Sinclair recovering his Bahamian costs from MWP in England as damages is remote, and should not excuse him from satisfying his settled indebtedness…[to MWP]”
“… we are satisfied that MWP is entitled to execute its final and binding judgments against Mr Sinclair without further delay… there is no evidence that execution of MWP’s judgments in New Zealand in satisfaction of his indisputable liability…would cause Mr Sinclair a substantial miscarriage of justice…”
“…the appeal is allowed. The order staying enforcement in the High Court is set aside…Mr Sinclair must pay MWP’s costs…together with usual disbursements…”
This important judgment now allows MWP to press ahead with enforcement of its Privy Council and Bahamian judgment debts of more than US$3 million against Mr Sinclair’s New Zealand assets and revenues, thereby recovering part of the assets mis-appropriated from MWP by Mr Sinclair’s fraudulent conduct and collaboration with his Temujin Partners, as part of their on-going fraudulent conspiracy to injure MWP.
Commenting on the news, Mr Wilson, Managing Director of MWP, said the following:
“MWP is delighted with this news, as a result of its work from 2013. MWP has been entirely vindicated, once again, and has further proven that it was systematically defrauded. It is especially pleasing to have obtained this victory over Mr Sinclair (and Mr Emmott, who procured the Bahamas proceedings) in his own country of New Zealand, and for MWP to now be able to force the disgorgement of part of the monies Mr Sinclair and Mr Emmott stole from MWP.
With Messrs Nicholls and Slater having been in bankruptcy since 2015, and three of the Temujin Partnership entities already in liquidation since 2014, it is clear that MWP is prevailing. The writing appears to be on the wall, not only for Mr Sinclair and his company Sokol Holdings Inc., but also for Mr Emmott, who systematically and disgracefully defrauded, and diverted many mature and ripe business opportunities from, MWP, in gross, serious and dishonest breaches of his fiduciary duties and contract.
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About MWP:
MWP is a full service law firm with offices in both Almaty and Baku covering Azerbaijan, Kazakhstan, the Central Asian Region and the Caucasus. MWP was established in Almaty in July 1998 and in Baku in 2003. Today it is recognised as one of the leaders in the Central Asian and Caucasus Region, combining years of collective experience throughout the CIS.
Before founding MWP, Mr Wilson was the founding partner of the major international law firm, Baker & McKenzie throughout this Region, establishing offices for that firm from scratch in Almaty, Tashkent, Bishkek, Astana and Baku, which were the most successful group of new offices ever established anywhere in the world in the long history of Baker & McKenzie.
However, in order to better meet the needs of multinational and local clients for premier quality legal advice, know-how and innovative work product, MWP was established as a fully independent international law firm, operating through offices in Almaty and Baku, focused upon the Central Asian and Caucasus Region, and which works together with and cooperates with many of the world’s leading firms.
MWP has a unique ability to meet its clients’ real needs in legal services, especially when approaching and dealing with the most important business opportunities that exist not only in Kazakhstan and Azerbaijan, but also throughout the Central Asia and Caucasus Region.
MWP is more than just a mere law firm; but instead takes pride in partnering with its clients in relation to their business opportunities, challenges and obstacles. In doing so, MWP provides creative, timely and practical solutions, specifically tailored to meet its clients' requirements, deadlines and budgets.
For more information, please contact Assel Kulisheva at awk@mwp.kz or visit our websites at www.mwp.kz and www.mwp.az.
The New Zealand Court of Appeal entirely set aside the first-instance judgment of Mallon J in the New Zealand High Court of 29 April 2016 [2016] NZ HC 835, by which the High Court had stayed enforcement of final and binding judgment debts of the Privy Council, the Bahamas Court of Appeal and the Bahamas Supreme Court of more than US$3m against Mr Sinclair, arising from abusive litigation that Mr Sinclair, a citizen of New Zealand (acting together with Messrs Emmott and Nicholls), had wrongly commenced against MWP in October 2006, as part of an on-going fraudulent conspiracy to injure MWP.
The New Zealand Court of Appeal found that the High Court was wrong to look beyond the requirements for satisfaction of s. 56 of the Judicature Act 1908 concerning the recognition of foreign judgments, that it had misunderstood the hierarchy of that section vis-à-vis r 17.29 of the High Court Rules [NZ] and that, in any event, there would be no miscarriage of justice in MWP enforcing its Privy Council and Bahamian judgments and orders against Mr Sinclair in New Zealand.
Crucially, the Court of Appeal found that:
“…Messrs Sinclair and Emmott were business allies and associates…”
“The Bahamian orders are… final, binding and conclusive between the parties, relating solely to litigation in that forum. The costs awards were made there… because Mr Sinclair abused the process of the Bahamian courts to invoke a jurisdiction which did not exist. That conclusion and Mr Sinclair’s liability for costs awarded in the Bahamas are now beyond challenge.”
“…the possibility of Mr Sinclair recovering his Bahamian costs from MWP in England as damages is remote, and should not excuse him from satisfying his settled indebtedness…[to MWP]”
“… we are satisfied that MWP is entitled to execute its final and binding judgments against Mr Sinclair without further delay… there is no evidence that execution of MWP’s judgments in New Zealand in satisfaction of his indisputable liability…would cause Mr Sinclair a substantial miscarriage of justice…”
“…the appeal is allowed. The order staying enforcement in the High Court is set aside…Mr Sinclair must pay MWP’s costs…together with usual disbursements…”
This important judgment now allows MWP to press ahead with enforcement of its Privy Council and Bahamian judgment debts of more than US$3 million against Mr Sinclair’s New Zealand assets and revenues, thereby recovering part of the assets mis-appropriated from MWP by Mr Sinclair’s fraudulent conduct and collaboration with his Temujin Partners, as part of their on-going fraudulent conspiracy to injure MWP.
Commenting on the news, Mr Wilson, Managing Director of MWP, said the following:
“MWP is delighted with this news, as a result of its work from 2013. MWP has been entirely vindicated, once again, and has further proven that it was systematically defrauded. It is especially pleasing to have obtained this victory over Mr Sinclair (and Mr Emmott, who procured the Bahamas proceedings) in his own country of New Zealand, and for MWP to now be able to force the disgorgement of part of the monies Mr Sinclair and Mr Emmott stole from MWP.
With Messrs Nicholls and Slater having been in bankruptcy since 2015, and three of the Temujin Partnership entities already in liquidation since 2014, it is clear that MWP is prevailing. The writing appears to be on the wall, not only for Mr Sinclair and his company Sokol Holdings Inc., but also for Mr Emmott, who systematically and disgracefully defrauded, and diverted many mature and ripe business opportunities from, MWP, in gross, serious and dishonest breaches of his fiduciary duties and contract.
***********************************************************
About MWP:
MWP is a full service law firm with offices in both Almaty and Baku covering Azerbaijan, Kazakhstan, the Central Asian Region and the Caucasus. MWP was established in Almaty in July 1998 and in Baku in 2003. Today it is recognised as one of the leaders in the Central Asian and Caucasus Region, combining years of collective experience throughout the CIS.
Before founding MWP, Mr Wilson was the founding partner of the major international law firm, Baker & McKenzie throughout this Region, establishing offices for that firm from scratch in Almaty, Tashkent, Bishkek, Astana and Baku, which were the most successful group of new offices ever established anywhere in the world in the long history of Baker & McKenzie.
However, in order to better meet the needs of multinational and local clients for premier quality legal advice, know-how and innovative work product, MWP was established as a fully independent international law firm, operating through offices in Almaty and Baku, focused upon the Central Asian and Caucasus Region, and which works together with and cooperates with many of the world’s leading firms.
MWP has a unique ability to meet its clients’ real needs in legal services, especially when approaching and dealing with the most important business opportunities that exist not only in Kazakhstan and Azerbaijan, but also throughout the Central Asia and Caucasus Region.
MWP is more than just a mere law firm; but instead takes pride in partnering with its clients in relation to their business opportunities, challenges and obstacles. In doing so, MWP provides creative, timely and practical solutions, specifically tailored to meet its clients' requirements, deadlines and budgets.
For more information, please contact Assel Kulisheva at awk@mwp.kz or visit our websites at www.mwp.kz and www.mwp.az.