Patterson v Khalsa (No 2)

[2013] NSWSC 901

Supreme Court

New South Wales

Medium Neutral Citation:

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

Hearing dates:

21/06/2013

Decision date:

21 June 2013

Jurisdiction:

Civil

Before:

Garling J

Decision:

1. Issue arrest warrant for Akal Khalsa

2. Reserve all question of costs

Catchwords:

PROCEDURE - application for an arrest warrant - deliberate and or intentional defiance of previous court orders - use of s 97 of Civil Procedure Act 2005 - no point of principle

Legislation Cited:

Civil Procedure Act 2005

Category:

Procedural and other rulings

Parties:

Will Patterson (P)
Akal Khalsa (D)

Representation:

Counsel:
H Chiu (P)
No appearance (D)
Solicitors:
Slater & Gordon (P)

File Number(s):

2009/00297855

EX TEMPORE Judgment

1. On 1 May 2013, on the application of the plaintiff, I made a series of orders against the defendant, Akal Khalsa, with respect to the freezing of her assets and the provision of information. I also made orders with respect to the service of that Freezing Order. Ms Khalsa has not complied with the requirements of paragraphs 8 and 9 of the Freezing Order and has not provided the information which the Court ordered.

1. At the request of the plaintiff, and in light of Ms Khalsa's failure to comply with those orders, I ordered that Ms Khalsa attend this Court on 18 June for examination on oath with respect to compliance with the Freezing Order and other ancillary and related issues.

1. When the matter was called on 18 June 2013, there was no appearance by, or on behalf of Ms Khalsa in compliance with that Order, which I am satisfied would have come to her attention. However, for more abundant caution, I declined on that day, to issue an arrest warrant and required the plaintiff to once again serve notice of the Court's order for the examination which I fixed to take place at 2pm today, 21 June 2013.

1. I am satisfied that a sealed copy of the Orders of the Court has been served on Ms Khalsa and the contents of them have come to her attention. The matter was called at 2pm today and Ms Khalsa did not appear. There was no appearance by anyone else on her behalf. No explanation was proffered to the Court in writing, or to the solicitors for the plaintiff in writing as to any reason for her non-appearance in compliance with the Court Order.

1. In light of the evidence as to service of the Court Order contained in the affidavit of William James Madden of 19 June 2013, and in the absence of any explanation or appearance by or on behalf of Ms Khalsa, I would infer that she has intentionally, or deliberately, failed to comply with the Court's Order. Of course, that conclusion may be altered if she attends in the future or if an explanation is provided for her non-appearance. However, at the moment, and in the absence of any such appearance or explanation, there is no available view other than that she has intentionally failed to comply with the Order.

1. In those circumstances, namely of deliberate or intentional defiance of a Court Order, the Court is left with no alternative but to invoke the power which it has under s 97 of the Civil Procedure Act 2005 ("the Act") to issue a warrant for her arrest. That warrant, in accordance with the provisions of the Act, is sufficient authority for the Sheriff of New South Wales and all Officers therein, with the assistance of the New South Wales police force, as may be necessary, to arrest Ms Khalsa and detain her in custody pending a date and time fixed for appearance before the Court.

1. I am well satisfied that this is an appropriate case in which to issue the arrest warrant and I will now do so. The warrant will be to the Sheriff of New South Wales and all Sheriffs Officers and will require them to arrest Ms Khalsa and bring her in person before the Supreme Court sitting in this courtroom, 11C of the Law Courts Building here at Queens Square in Sydney on Friday, 28 June 2013 at 9.30am. The warrant will order that she be detained in custody, if necessary, in the meantime.

1. I indicate that if Ms Khalsa is arrested at a time before Thursday, 27 June 2013, that the Sheriff may, by contacting my chambers and informing the plaintiff's solicitor, arrange to have her brought before the Court at an earlier time and on an earlier day, so that the Court can be apprised of her arrest and detention in custody and make such orders as are appropriate at that time.

1. For those reasons above, with those conditions, and having fixed Friday 28 June 2013 at 9:30am as the date and time, I now issue an arrest warrant largely in the form handed up by Mr Chiu, counsel for the plaintiff. I will reserve all questions of costs.

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Decision last updated: 09 July 2013