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

Supreme Court New South Wales

Medium Neutral Citation: Law Society of NSW v Metleg (No 2) [2013] NSWSC 559 Hearing dates: 14 May 2013 Decision date: 14 May 2013 Before: Adamson J Decision: 1. The Motion by Ms Metleg provided to the Duty Judge on 13 May 2013 is dismissed. 2. 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 2013 at the residential address in Greenacre identified in that document. 3. Stay the execution of the arrest warrant to Friday 17 May 2013 at 9.15 am. 4. Note the undertaking by Ms Metleg to present herself to the Registry of the Supreme Court of NSW at 9 am on Friday 17 May 2013. 5. Direct the Registry to inform the Sheriff's office (Bankstown) at 9.15 am on 17 May 2013 whether or not Ms Metleg has presented herself at the Registry for the purpose of attending before the Registrar. 6. If Ms Metleg does not present herself at 9.00 am in accordance with her undertaking in 4 above, the arrest warrant is to be executed. 7. If Ms Metleg does not attend before the Registrar on 17 May 2013 for the examination, or on any further or adjourned day, then, subject to any further order by the Court, the Registrar is to stand over the matter to Monday 20 May 2013 at 9.30 am., or any other suitable day before me, for the purpose of considering: (a)whether proceedings for contempt against Ms Metleg ought to be commenced pursuant to Supreme Court Rule 55 Pt 11(1); and (b)whether to issue a further warrant for Ms Metleg's immediate arrest imprisonment until either the examination of Ms Metleg, including any day or days to which the examination is adjourned concludes; and secondly, any motion for contempt brought by the Registrar is disposed of. 8. Order Ms Metleg to pay Mr Mitchell's costs on an indemnity basis, in respect of: (a)the two days on which Ms Metleg did not attend, being 9 April 2013 and 7 May 2013, and (b)today's costs. Such costs to be assessable forthwith. 9. The Registry is to convey these orders to the Sheriff's Office. 10. Grant liberty to restore this matter before me upon notice to my associate and, in the event of my unavailability, then it may be restored before the Duty Judge. Catchwords: PROCEDURE - temporary stay of arrest warrant against solicitor - orders to ensure attendance at Court Legislation Cited: Legal Profession Act 2004 Cases Cited: Law Society of NSW v Metleg [2013] NSWSC 523 Category: Interlocutory applications Parties: John Ernest Mitchell (Applicant) Amina Metleg (Respondent) Representation: Counsel: T Maltz (Applicant) Respondent in person Solicitors: Raymond John Collins (Applicant) Respondent in person File Number(s): 2012/138792