Polis v Zombor (No 4) [2019] FCA 2101

Polis v Zombor (No 4) [2019] FCA 2101

The Court determined that Mr Zombor is likely to continue to stay away and remain out of the jurisdiction, and that in light of repeated avoidance and failure to comply with court orders, the discretion under rule 42.14 should be exercised to issue a warrant for his arrest to protect the judicial process.

Parties
Prospective Applicant: Henry Peter Polis; First Prospective Respondent: Luke Michael Zombor; Second Prospective Respondent: LMZ Projects Pty Ltd ACN 603 180 016; Third Prospective Respondent: LATRME Pty Ltd ACN 603 176 996
Jurisdiction
Australia
Judgment Date
16 December 2019
Procedural Posture
Application for Issue of Warrant in Contempt Proceedings / Interlocutory Decision on Application for Arrest Warrant
Outcome
Warrant for arrest and detention of Luke Michael Zombor issued pending execution and appearance before the Court.
Legal Topics
Contempt of Court, Preliminary Discovery, Arrest Warrant, Absconding Jurisdiction
Practice and Procedure Commercial Corporations Contempt of Court Preliminary Discovery Arrest Warrant Absconding Jurisdiction

Case Brief

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Parties

Henry Peter Polis

Prospective Applicant

Luke Michael Zombor

First Prospective Respondent

LMZ Projects Pty Ltd ACN 603 180 016

Second Prospective Respondent

LATRME Pty Ltd ACN 603 176 996

Third Prospective Respondent

Procedural Posture

Application for Issue of Warrant in Contempt Proceedings / Interlocutory Decision on Application for Arrest Warrant

Legal Issues

  1. 1 Whether the Court should issue a warrant for the arrest and detention of Luke Michael Zombor for contempt
  2. 2 Whether the Court is satisfied that Mr Zombor is likely to abscond or withdraw from the jurisdiction

Ratio Decidendi

The Court determined that Mr Zombor is likely to continue to stay away and remain out of the jurisdiction, and that in light of repeated avoidance and failure to comply with court orders, the discretion under rule 42.14 should be exercised to issue a warrant for his arrest to protect the judicial process.

Court Disposition

Warrant for arrest and detention of Luke Michael Zombor issued pending execution and appearance before the Court.

Orders

  • Service of these Orders be in accordance with paragraph 2(a) of the orders made on 5 June 2019.
  • Warrant for the arrest and detention of Luke Michael Zombor until brought before the Court be issued pursuant to rule 42.14 of the Federal Court Rules 2011 (Cth).