Patterson v Khalsa (No 2) [2013] NSWSC 901

Patterson v Khalsa (No 2) [2013] NSWSC 901

Where a party intentionally or deliberately defies a court order, and service of the order is proved, the court may exercise its power under s 97 of the Civil Procedure Act 2005 to issue a warrant for arrest to secure compliance and appearance before the court.

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Civil / Post Order Enforcement; Application for Arrest Warrant
Outcome
Arrest warrant issued for Akal Khalsa. All questions of costs reserved.
Legal Topics
['arrest Warrant' 'non Compliance With Court Orders' 'freezing Order' 's 97 Civil Procedure Act 2005']
['civil Procedure'] ['arrest Warrant' 'non Compliance With Court Orders' 'freezing Order' 's 97 Civil Procedure Act 2005']

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Procedural Posture

Civil / Post Order Enforcement; Application for Arrest Warrant

Legal Issues

  1. 1 ['Whether an arrest warrant should be issued for deliberate or intentional defiance of previous court orders under s 97 of the Civil Procedure Act 2005']

Ratio Decidendi

Where a party intentionally or deliberately defies a court order, and service of the order is proved, the court may exercise its power under s 97 of the Civil Procedure Act 2005 to issue a warrant for arrest to secure compliance and appearance before the court.

Court Disposition

Arrest warrant issued for Akal Khalsa. All questions of costs reserved.

Orders

  • ['Issue arrest warrant for Akal Khalsa to bring her before the Supreme Court at a fixed time and date.' 'Sheriff to execute the warrant and detain if necessary.' 'Arrangements may be made for earlier appearance if arrested prior to the scheduled date.' 'All questions of costs are reserved.']