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

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

Because Ms Metleg had a history of non-compliance with Court orders, an unconditional stay was not appropriate; however, the amended orders proposed to secure her attendance for examination were appropriate and unopposed, so the motion was dismissed while execution of the arrest warrant was stayed only until 17 May 2013 at 9.15 am subject to undertakings and enforcement directions.

Jurisdiction
Australia
Judgment Date
14 May 2013
Procedural Posture
Interlocutory Application / Motion for Stay of Arrest Warrant
Outcome
Motion dismissed; execution of the arrest warrant stayed to 17 May 2013 at 9.15 am subject to undertakings and enforcement directions; indemnity costs ordered against Ms Metleg.
Legal Topics
['temporary Stay of Arrest Warrant Against Solicitor' 'orders to Ensure Attendance at Court' 'examination Under S 639 of the Legal Profession Act 2004' 'contempt']
['civil Procedure' 'legal Profession'] ['temporary Stay of Arrest Warrant Against Solicitor' 'orders to Ensure Attendance at Court' 'examination Under S 639 of the Legal Profession Act 2004' 'contempt']

Case Brief

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Procedural Posture

Interlocutory Application / Motion for Stay of Arrest Warrant

Legal Issues

  1. 1 ['Whether the execution of the arrest warrant against Ms Metleg should be stayed.' 'What orders should be made to ensure Ms Metleg attends for examination on 17 May 2013.' 'Whether costs should be ordered against Ms Metleg for non-attendance and the application.']

Ratio Decidendi

Because Ms Metleg had a history of non-compliance with Court orders, an unconditional stay was not appropriate; however, the amended orders proposed to secure her attendance for examination were appropriate and unopposed, so the motion was dismissed while execution of the arrest warrant was stayed only until 17 May 2013 at 9.15 am subject to undertakings and enforcement directions.

Court Disposition

Motion dismissed; execution of the arrest warrant stayed to 17 May 2013 at 9.15 am subject to undertakings and enforcement directions; indemnity costs ordered against Ms Metleg.

Orders

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