Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIAN DISTRICT REGISTRY ) VG No. 284 of 1984 ) )
GENERAL DIVISION
BETWEEN:
GARRY FRANCIS BULLOCK, JOHN SKILBECK, GRAHAM
JAMES HARKNESS and WILLIAM BARLOW
Applicants AND:
THE FEDERATED FURNISHING TRADES SOCIETY OF AUSTRALASIA, L. KYRIACOU, A. FINDLAY, R. SHUGG, ALVONNE NOMINEES PTY LTD (trading as A.F. CARPET DISTRIBUTORS), COLONY CARPETS PTY LTD, R.G.
"LPN CARPET AGENCIES PTY LTD, SES CARPET WHOLESALERS (VIC)
ct, PTY LTD, OTTO FLOORS PTY
eed a LTD, V.E. MACKEY & CO PTY CEN es LTD, JASON CARPETS
COMMERCIAL PTY LID and
os ETE OS * GURIAN PTY LTD (trading q vee ' as MYER TEALE) NOs. Respondents NS! oG . 1 | :
19 NOVEMBER, 1985 KEELY J.
REASONS FOR RULING GIVEN ON 13 NOVEMBER 1985
By notice of motion filed 20 September 1985, the first, 'second and third named applicants (the three applicants) sought orders requiring the first, second, third and fourth named respondents (the four respondents) to provide "further and better answers to interrogatories" delavered by them. By
notice of motion filed 6 November 1985 the three applicants
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sought similar orders as to each of the remaining respondents other than the eleventh named respondent. The respondents have taken various objections to the interrogatories. In
particular, they objected to answering a number of
interrogatories on the ground that to answer them might tend to expose them to a penalty. The objections on that ground were the subject of argument on 12 and 13 November 1985 and on the latter date the three applicants' submissions were
rejected for the reasons which are now given.
Mr Jolson, of counsel, for the three applicants advanced two submissions that those objections to answering
each of the interrogatories were not open to the four respondents. First, he relied upon the provisions of 5.29 of the Evidence Act 1958 (Vic). Section 29, as amended by the Crimes (Classification of Offences) Act 1981, is in the
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