Ellis v Silver Vision Pty Ltd (No.3)

In *Ellis v Silver Vision Pty Ltd (No.3)*, the Supreme Court of Western Australia considered an application by the plaintiff, Mr. Ellis, to set aside an arrest warrant issued against him by the respondent, Silver Vision Pty Ltd. The warrant was issued due to Mr. Ellis's failure to attend a means inquiry.

The central legal issue before the Court was whether the arrest warrant had been validly issued. This required the Court to determine the appropriate factors to be considered when issuing an arrest warrant for failure to attend a means inquiry, and to assess whether those factors had been properly applied in this instance. The Court also considered the principles governing applications for adjournment in such proceedings.

Justice Lucev found that the arrest warrant had been improperly issued. His Honour reasoned that the issuing party had failed to demonstrate that the usual methods of compelling attendance, such as a summons, had been exhausted or were unlikely to be effective. The Court emphasised that an arrest warrant should be a measure of last resort, and its issuance requires a clear and compelling justification, including evidence that the individual is likely to abscond or otherwise frustrate the proceedings. The application to set aside the warrant was therefore granted.