CATCHWORDS
| Practice | - | Evidence | - | Subpoena duces tecum to corporation in |
| action to recove; a penalty | - | Whether subpoena should be set |
| aside | - | Whether privilege against self incrimination | exists. |
| TRADE PRACTICES COMMISSION v. T.N.T. | MANAGF,MENT PTY. LIMITED & ORS. |
| No. G.44 of 1978 | |
| Franki S. 1 March 1984 Sydney |
| i | IN THE FEDERAL COURT OF AUSTRALIA | ) |
| I |
| NEW SOUTH WALES DISTRICT REGISTRY | ) | No. G.44 of 1978 |
| GENERAL DIVISION | ) | |
| Between: |
| I | Plaintiff | COMMISS ON | PRACTICES | TRADE |
-and-
| T.N.T. MANAGEMENT PTY. LIMITED | First Defendant |
| BmlBLES HOLDINGS LIMITED | Second Defendant |
| MAYNE NICKLESS LIMITED | Third Defendant |
| YOUNGS TRANSPORT PTY. LIMITED | Fourth Defendant |
| ANSETT TRANSPORT INDUSTRIES | Fifth Defendant |
| (OPERqTIONS) PTV. LIMITED |
| EXPRESS | FREIGHT | PTY. LIM 2 | Sixth | Defendant |
| ASSOCIATED STEAMSHIPS | PT'J LIMITED | Seventh | D f dant |
| IPEC HOLDINGS LIMITED | Eighth Defendant |
| INTFXSTATE P-UCEL EXPRESS CO. PTY. | Nlnth Defendant |
| LIMITED |
O R D E R S
| JUDGE : | Franki J. |
| DATE OF ORDERS: 1 March | 1984 and 8 March 1984 |
| Sydney | MADE: | =E |
| THE COURT ORDERS THAT: | ||
|
-
| 2. The | plaintiff | pay | the | costs | of each | defendant | In | these |
| appllcatlons. | . - - . . | - . |
t
CATCHGJORDS
| Practice - | Evidence | - | Subpoena duces tecum to corporation in |
action to recove; a penalty - Whether subpoena should be set aside - Whether privilege against self incrimination exists.
| TRADE PRACTICES CO~IISSIOM | v. T.N.T. MANAGEMENT PTY. LIMITD & QRS. |
| NO. ~ . a 4 | of 1978 |
.
Franki J.
1 March 1984
Sydney
| IN THE FEDERAL COURT | OF | AUSTRALIA | ) |
| NEW SOUTH WALES DISTRICT REGISTRY | ) | No. | G 44 | of | 1978 |
| GENERAL DIVISION | 1 | ||||
| Between: |
| TR4DE PRACTICES COMMISSION | Plaintiff |
-and-
| T.N.T. MANAGEMENT PTY. LIMITED | Flrst Defendant |
| BIWMBLES HOLDINGS LIMITED | Second Defendant |
| MYNE NICKLESS LIMITD | Third Defendant |
| YOUNGS TRANSPORT | PTY. LIMITED | Fourth Defendant |
| .ANSETT TRANSPORT INDUSTRIES | Fifth Defendant |
| (OPERATIONS) PTY. LIMITED |
| EXPRESS FREIGHT PTY. | LIMITED | Sixth Defendant |
| ASSOCIATED STEAMSHIPS PTY. LIMITED | Seventh Defendant |
| IPEC HOLDINGS LIMITED | Eighth Defendant |
| INTERSTATE | PARCEL | EXPRESS | CO. | PTY. | Ninth | Defendant |
| LIMITED |
O R D E R S
| JUDGE | : | Franki J. |
| DATE OF ORDERS: | 1 March 1984 and 8 March 1984 |
| rWERE MADE: | Sydney |
THE COURT ORDERS THAT:
| 1. | Each subpoena be' set aslde. | |
| I. | 7 | The plaintiff pay tk? coszs of ea& deftndant in thlse |
|
| IN THE FEDERAL COURT | OF AUSTRALIA | ) |
| NEbl SOUTH WALES DISTRICT REGISTXY | ) | No. G.44 of 1978 |
| GENERAL DIVISION | ) | |
| Between: | ||
| TRADE PRACTICES COMMISSION | Plaintiff |
-and-
| T.N.T. WWAGEMENT PTY. LIMITD | First Defendant |
| BRAMBLES HOLDINGS LIMITED | Second Defendant |
| MAYNE NICKLESS LIMITED | Third Defendant |
| YOUNGS TRANSPORT | PTY. LIMITED | Fourth Defendant |
| ANSEIT TRANSPORT INDUSTRIES | Fifth Defendant |
| (OPERATIONS) PTY. LIMITED | |
| EXPRESS FREIGHT PTY. LIMITED | Sixth Defendant |
| ASSOCIATED STEAMSHIPS PTY. LIMITED | Seventh Defendant |
.
| IPEC HOLDINGS LIMITED | Elqhth Defendant |
| INTERSTATE PAXEL EXPRESS CO. PTY. | Ninth Defendant |
| LIMITED | |
| 1 March 1984 |
REASONS FOR JUDGHENT
FRANK1 J.
| Almost at | the | concluslon of the case for the Trade |
| Practices Commission, a subpcena duces tecum ~7as | served on each |
| -. | . | __ - _- | - - | - - | - | - | -. |
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- Case
- [1984] FCA 47
- Decision Date
CaseChat Overview and Summary
The court found that there was binding authority for the proposition that the courts would not lend their processes for discovery or production of documents in proceedings for a penalty, unless waived. This principle was based on the existence of a privilege against exposure to a penalty. The court distinguished between cases where the object of the action was to impose and recover a penalty and cases concerning the extension of the privilege against self-incrimination to corporations. The court concluded that the subpoenas should be set aside as they would compel the defendants to produce documents that might tend to incriminate them, and the privilege against self-incrimination applied to corporations in Australia.
The court ordered that each subpoena be set aside, and the Trade Practices Commission pay the costs of each defendant in these applications.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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