Summary
The Court set aside directions requiring a finance-company director’s personal attendance and bailable warrants issued after his non-appearance. The company had consistently appeared through counsel and authorised representatives, and the complainant’s coercion allegations did not specifically implicate that director and remained untested. Warrants were unwarranted at that stage. The Commission could examine the allegations after hearing both sides and require the director’s presence later if necessary; no view on the truth of the allegations was expressed.
Issues
- Whether personal-attendance directions and bailable warrants against the director were justified before the coercion allegations were examined.
- What scope remained for the Commission to investigate interference with access to justice.
Held
- Alleged threats to force a complainant into settlement are serious and, if proved, can interfere with administration of justice. Free access to lawful redress must be protected, but the opposite parties had to receive an opportunity to answer the allegations before conclusions were drawn. (¶¶ 5, 5.1)
- The company was represented throughout by counsel and authorised representatives. The allegations concerned representatives and did not specifically implicate this director; the review application was also pending. Bailable warrants, a last resort for the non-cooperation or avoidance described by the Court, were not justified on these facts at this stage. (¶ 5.1)
- The personal-attendance directions and ensuing warrants were set aside. Representation through counsel and authorised representatives was permitted for the present, while the Commission retained power to require the director’s presence in future if necessary and to pass further orders after hearing the parties. (¶ 6)
- The pending review was to be decided on its merits without influence from this order. The Court expressed no opinion for either side on the coercion allegations. (¶ 6)
Result
Appeals allowed to the stated extent without costs. Personal-attendance directions and bailable warrants against the director were set aside, with further consideration and any necessary future attendance left to the Commission after due opportunity.