Application of David Patrick Watson [2004] NSWSC 25

Application of David Patrick Watson [2004] NSWSC 25

Because 'W' failed to attend for examination pursuant to an order under s 105 of the Legal Profession Act 1987, and such default by a solicitor as an officer of the Court is serious and caused inconvenience to the Court and other litigants, a warrant should issue to arrest 'W' and bring him before the Court, with detention in custody in the meantime.

Jurisdiction
Australia
Judgment Date
03 February 2004
Procedural Posture
Application for an Order Arresting a Solicitor Who Failed to Attend for Examination by a Receiver Under S 105 of the Legal Profession Act 1987 / Reasons for Issuing a Warrant After Certificate of Default
Outcome
Order for issue of warrant.
Legal Topics
['solicitors' 'receivers' 'failure to Attend Examination' 'warrant for Arrest' 'legal Profession Act 1987, S 105']
['professions and Trades' 'legal Profession' 'civil Procedure'] ['solicitors' 'receivers' 'failure to Attend Examination' 'warrant for Arrest' 'legal Profession Act 1987, S 105']

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Procedural Posture

Application for an Order Arresting a Solicitor Who Failed to Attend for Examination by a Receiver Under S 105 of the Legal Profession Act 1987 / Reasons for Issuing a Warrant After Certificate of Default

Legal Issues

  1. 1 ['Whether a warrant should issue to arrest a solicitor who failed to attend before the Registrar for examination by a receiver pursuant to an order under s 105 of the Legal Profession Act 1987.']

Ratio Decidendi

Because 'W' failed to attend for examination pursuant to an order under s 105 of the Legal Profession Act 1987, and such default by a solicitor as an officer of the Court is serious and caused inconvenience to the Court and other litigants, a warrant should issue to arrest 'W' and bring him before the Court, with detention in custody in the meantime.

Court Disposition

Order for issue of warrant.

Orders

  • ["A warrant was issued to the Sheriff to arrest 'W' and bring him before the Court on Monday 23 February 2004, or such earlier date as the Sheriff considers appropriate, detaining 'W' in custody in the meantime." 'The warrant was to be typed in duplicate, one copy left with the file and a sealed copy delivered to...