Law Society of NSW v Metleg (No 2)

[2013] NSWSC 559

Supreme Court

New South Wales

Medium Neutral Citation:

Law Society of NSW v Metleg (No 2) [2013] NSWSC 559

Hearing dates:

14 May 2013

Decision date:

14 May 2013

Before:

Adamson J

Decision:

1. The Motion by Ms Metleg provided to the Duty Judge on 13 May 2013 is dismissed.

2. Note:

(a)that Ms Metleg has disclosed her residential address and filed in Court today a document recording this address and an occasional alternate address; and

(b)that Ms Metleg undertakes to spend the night of Thursday 16 May 2013 at the residential address in Greenacre identified in that document.

3. Stay the execution of the arrest warrant to Friday 17 May 2013 at 9.15 am.

4. Note the undertaking by Ms Metleg to present herself to the Registry of the Supreme Court of NSW at 9 am on Friday 17 May 2013.

5. Direct the Registry to inform the Sheriff's office (Bankstown) at 9.15 am on 17 May 2013 whether or not Ms Metleg has presented herself at the Registry for the purpose of attending before the Registrar.

6. If Ms Metleg does not present herself at 9.00 am in accordance with her undertaking in 4 above, the arrest warrant is to be executed.

7. If Ms Metleg does not attend before the Registrar on 17 May 2013 for the examination, or on any further or adjourned day, then, subject to any further order by the Court, the Registrar is to stand over the matter to Monday 20 May 2013 at 9.30 am., or any other suitable day before me, for the purpose of considering:

(a)whether proceedings for contempt against Ms Metleg ought to be commenced pursuant to Supreme Court Rule 55 Pt 11(1); and

(b)whether to issue a further warrant for Ms Metleg's immediate arrest imprisonment until either the examination of Ms Metleg, including any day or days to which the examination is adjourned concludes; and secondly, any motion for contempt brought by the Registrar is disposed of.

8. Order Ms Metleg to pay Mr Mitchell's costs on an indemnity basis, in respect of:

(a)the two days on which Ms Metleg did not attend, being 9 April 2013 and 7 May 2013, and

(b)today's costs.

Such costs to be assessable forthwith.

9. The Registry is to convey these orders to the Sheriff's Office.

10. Grant liberty to restore this matter before me upon notice to my associate and, in the event of my unavailability, then it may be restored before the Duty Judge.

Catchwords:

PROCEDURE - temporary stay of arrest warrant against solicitor - orders to ensure attendance at Court

Legislation Cited:

Legal Profession Act 2004

Cases Cited:

Law Society of NSW v Metleg [2013] NSWSC 523

Category:

Interlocutory applications

Parties:

John Ernest Mitchell (Applicant)
Amina Metleg (Respondent)

Representation:

Counsel:
T Maltz (Applicant)
Respondent in person
Solicitors:
Raymond John Collins (Applicant)
Respondent in person

File Number(s):

2012/138792 Nil

Publication restriction:

2012/138792 Nil

Judgment

1. Amina Raafat Metleg applies for a stay of an arrest warrant which I ordered be issued on 7 May 2013, the execution of which was deferred until today's date: Law Society of NSW v Metleg [2013] NSWSC 523.

1. Ms Metleg approached the Duty Registrar yesterday at 3.30 pm for a stay of the arrest warrant. She was referred to the Duty Judge who, following the conclusion of the hearing he was conducting in an unrelated matter at 4.50 pm, referred Ms Metleg's application to be heard by me at noon today.

1. Ms Metleg applies for a stay of the arrest warrant on the basis that she is prepared to attend Court in any event on 17 May 2013 when her examination pursuant to s 639 of the Legal Profession Act2004 is listed for hearing at 11 am before the Registrar.

1. Mr Maltz, who appears on behalf of John Ernest Mitchell, a receiver appointed by the Court on the application of the Law Society of NSW, opposes the application for a stay and submits that Ms Metleg's past non-compliance with Court orders does not give one confidence that she will, unless a particular regime for enforcement is in place, appear for the purposes of the examination on 17 May 2013.

1. Accordingly, Mr Maltz has proposed, by a document headed "Short Minutes of Order version 1", a series of orders which are designed to ensure that Ms Metleg attends for her examination on Friday 17 May 2013, without the need for the arrest warrant to be executed. If, however, there is non-compliance which indicates that she might not be present at the examination, the arrest warrant will be executed.

1. The draft orders which are proposed have been the subject of some debate in Court, following which draft orders 2 and 7 have been amended. Ms Metleg, when asked to make submissions in relation to the amended draft orders, has indicated she does not oppose the draft orders. I consider the draft orders, as amended, to be appropriate.

Orders

1. The orders I make are:

1. The Motion by Ms Metleg provided to the Duty Judge on 13 May 2013 is dismissed.

2. Note:

(a) that Ms Metleg has disclosed her residential address and filed in Court today a document recording this address and an occasional alternate address; and

(b) that Ms Metleg undertakes to spend the night of Thursday 16 May 2013 at the residential address in Greenacre identified in that document.

3. Stay the execution of the arrest warrant to Friday 17 May 2013 at 9.15 am.

4. Note the undertaking by Ms Metleg to present herself to the Registry of the Supreme Court of NSW at 9 am on Friday 17 May 2013.

5. Direct the Registry to inform the Sheriff's office (Bankstown) at 9.15 am on 17 May 2013 whether or not Ms Metleg has presented herself at the Registry for the purpose of attending before the Registrar.

6. If Ms Metleg does not present herself at 9.00 am in accordance with her undertaking in 4 above, the arrest warrant is to be executed.

7. If Ms Metleg does not attend before the Registrar on 17 May 2013 for the examination, or on any further or adjourned day, then, subject to any further order by the Court, the Registrar is to stand over the matter to Monday 20 May 2013 at 9.30 am., or any other suitable day before me, for the purpose of considering:

(a) whether proceedings for contempt against Ms Metleg ought to be commenced pursuant to Supreme Court Rule 55 Pt 11(1); and

(b) whether to issue a further warrant for Ms Metleg's immediate arrest imprisonment until either the examination of Ms Metleg, including any day or days to which the examination is adjourned concludes; and secondly, any motion for contempt brought by the Registrar is disposed of.

8. Order Ms Metleg to pay Mr Mitchell's costs on an indemnity basis, in respect of:

(a) the two days on which Ms Metleg did not attend, being 9 April 2013 and 7 May 2013, and

(b) today's costs.

Such costs to be assessable forthwith.

9. The Registry is to convey these orders to the Sheriff's Office.

10. Grant liberty to restore this matter before me upon notice to my associate and, in the event of my unavailability, then it may be restored before the Duty Judge.

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