Meneses v Directed Electronics OE Pty Ltd [2019] FCAFC 190

FEDERAL COURT OF AUSTRALIA

Meneses v Directed Electronics OE Pty Ltd [2019] FCAFC 190 Appeal from: Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 3) [2019] FCA 285

File number: VID 266 of 2019

Judges: MOSHINSKY, WHEELAHAN AND ABRAHAM JJ

Date of judgment: 1 November 2019

Catchwords: PRACTICE AND PROCEDURE – discovery – privilege against self-incrimination – privilege against exposure to penalties – search order – where orders made to the general effect that any claims for privilege in respect of documents taken pursuant to the search order could be made in the context of giving discovery – where two of the respondents below (a company and its sole director) made discovery of documents (including those taken pursuant to the search order) and objected to production of documents on the grounds of the privileges – where the company was a one-person company – where production of the documents had a real and appreciable tendency to incriminate the director – whether an order for production of the documents could be made against the company and the director as agent for the company

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 18 Corporations Act 2001 (Cth), ss 9, 182, 183, 596A, 1317E Crimes Act 1914 (Cth), s 3F Evidence Act 1995 (Cth), ss 17, 128, 133, 187 Fair Work Act 2009 (Cth), s 45 Federal Court of Australia Act 1976 (Cth), ss 23, 57 Federal Magistrates Act 1999 (Cth), s 45 Federal Court Rules 2011 (Cth), rr 7.42, 7.44, 20.16, 20.17, 20.22 Federal Court Rules 1979 (Cth), O15, r 9 Supreme Court Act 1970 (NSW), s 76A