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MWP defeats the improper intervention of J. F. Emmott in enforcement proceedings against T. I. Sinclair in New Zealand

MWP is delighted to announce a further significant victory against Mr J. F. Emmott, this time by defeating his application for a charging order over the proceeds of sale of a substantial property of his business and litigation partner Mr T. I. Sinclair.

In his judgment at Civ-2016-485-722/[2017] NZHC 592, Clifford J in the New Zealand High Court found that Mr Emmott had no right to a charging order based on his registration of a judgment that MWP had applied to set aside. He also rejected Mr Emmott’s assertion that removal of the sale proceeds from New Zealand to Kazakhstan was in any way improper. Finally, he appeared averse to Mr Emmott’s wish to extend the litigation in the New Zealand courts, which MWP had only been obliged to engage for the limited purpose of enforcing its unpaid Bahamian and other judgment debts of more than US$4m against Mr Sinclair’s property, after Mr Sinclair had refused to pay those debts (as reported here on 5 August and 14 and 20 December 2016).

Clifford J’s judgment follows that of Smith AJ of 20 December 2016, which dismissed Mr Emmott’s prior application for an order to sustain a caveat, thereby lapsing the caveat, which had been an earlier attempt by Mr Emmott to compromise MWP’s security interest over the title to Mr Sinclair’s house.

Mr Sinclair’s house was sold at public auction on 24 February 2017, and the proceeds should now rightly flow to MWP in part satisfaction of Mr Sinclair’s US$4m unpaid judgment debts.

As with the Smith AJ judgment, Clifford J has also ordered Mr Emmott to pay MWP’s costs of his failed application.

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 or visit our websites at and

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