Law Society of NSW v Metleg [2013] NSWSC 523

Given Ms Metleg's repeated non-compliance with orders for examination and provision of inadequate explanations and defective medical certificates, it is appropriate and necessary for the Court to issue an arrest warrant, endorsed not to be executed before 14 May 2013, to ensure her attendance for examination.

Parties: Applicant: John Ernest Mitchell; First Respondent: Amina Metleg; Second Respondent: Abdulrahman Moussa
Jurisdiction: Australia
Judgment Date: 07 May 2013
Procedural Posture: Interlocutory Application / Ex Parte Application for Arrest Warrant Following Non Compliance With Court Orders
Outcome: A warrant for arrest of Ms Metleg is to be issued, not to be executed prior to 14 May 2013.
Legal Topics: Examination of Solicitor, Receiver's Powers, Non Compliance With Court Orders, Arrest Warrant

Civil Procedure Legal Profession Examination of Solicitor Receiver's Powers Non Compliance With Court Orders Arrest Warrant

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2

Parties

John Ernest Mitchell

Applicant

Amina Metleg

First Respondent

Abdulrahman Moussa

Second Respondent

Procedural Posture

Interlocutory Application / Ex Parte Application for Arrest Warrant Following Non Compliance With Court Orders

Legal Issues

1 Whether a warrant for the arrest of Ms Metleg should be issued due to her non-compliance with orders for examination under s 639 of the Legal Profession Act 2004

Ratio Decidendi

Court Disposition

A warrant for arrest of Ms Metleg is to be issued, not to be executed prior to 14 May 2013.

Orders

A warrant be issued for the arrest of Ms Metleg, such warrant to be endorsed: 'Such arrest is not to take place prior to 14 May 2013.'