Law Society of NSW v Metleg [2013] NSWSC 523

Supreme Court New South Wales

Medium Neutral Citation: Law Society of NSW v Metleg [2013] NSWSC 523 Hearing dates: 7 May 2013 Decision date: 07 May 2013 Before: Adamson J Decision: 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" Catchwords: PROCEDURE-order for examination under s 639 Legal Profession Act 2004-issue of arrest warrant against solicitor for repeated non-compliance Legislation Cited: Civil Procedure Act 2005, s97 Legal Profession Act 1987, s105 Legal Profession Act 2004, s630, s639 Cases Cited: Application of David Patrick Watson [2004] NSWSC 25 Category: Interlocutory applications Parties: John Ernest Mitchell (Applicant) Amina Metleg (First Respondent) Abdulrahman Moussa (Second Respondent) Representation: Counsel: T Maltz (Applicant) Solicitors: Raymond John Collins (Applicant) File Number(s): 2012/138792

Judgment

Introduction 1This is an ex parte application by John Ernest Mitchell (the applicant), pursuant to s 97 of the Civil Procedure Act 2005, for a warrant for the arrest of the first respondent, Amina Raafat Metleg, who is the sole solicitor and director of the law practice known as Saleh and Netka Lawyers Pty Ltd. 2The applicant read an affidavit of Lucy Tang sworn 7 May 2013, which establishes the background to the application and tendered a letter sent by facsimile by Ms Metleg to the Court dated 7 May 2013, being today's date. In addition the applicant relied on two certificates of non-attendance dated 9 April 2013 and 7 May 2013 respectively to establish that Ms Metleg did not appear at Court at the appointed time on either of these two dates.