In Michael Wilson and Partners Ltd v Nicholls [2009] NSWSC 669, His Honour Einstein J observed that: ...to my mind the plaintiff has exhibited what I call "trolley load litigation". By this term I refer to the practice of a party in litigation with little or no notice, to flood its opponent with materials and then to insist that whilst its opponent is entitled to a period in which to endeavour to absorb the new materials, that period should be minuscule. Reflect on your learning in Module 4 and Module 5 in light of this statement, answer the following two sub-questions (each is worth 10 marks): In your view, is "trolley load litigation" permitted or allowed under the Australian Solicitors' Conduct Rules (ASCRs), particularly Rule 21? Why/why not? Do the ASCRs related to the responsible and fair use of process ensure that lawyers engaging in this behaviour are providing 'just, quick and cheap resolution of the real issues in the proceedings' (as described in Civil Procedure Act 2005 (NSW) s 56)? Ensure that you explain and support your position and response by referring to the relevant rules in the ASCRs and other material (cases, text etc). You must provide a reference to any materials to which you refer - however, you are not expected to adopt the formality of footnotes. For instance, you can refer to 'Rule 3 ASCR', 's 172 LPUL', or 'Parker & Evans, 77