Smith, Brian Millwood v Papamihail, Kerrie & Anor [1998] FCA 1310

FEDERAL COURT OF AUSTRALIA CORPORATIONS – investigation by Australian Securities Commission (as it was then known) – Commission served statutory notice on applicant requiring assistance –applicant required to sign authorities addressed to a bank and trustee company overseas – whether notice issued under a power to require a person to give all reasonable assistance must include a requirement that the person appear for examination – whether the Commission has separate powers in that regard – whether privilege against self-incrimination applies – whether required assistance would prove futile. Australian Securities and Investments Commission Law ss 13(1), 19, 68, 70 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Australian Securities Commission v Kutzner (1997) 25 ACSR 723 followed Australian Paper Ltd v The Anti-Dumping Authority (Federal Court of Australia, 2 October 1998, No 1244 of 1998) cited Controlled Consultants Pty Ltd v Commissioner for Corporate Affairs (1984) 156 CLR 385 cited Pyneboard Pty Ltd v Trade Practices Commission (1983) 152 CLR 328 cited BTR Engineering (Australia) v Patterson (1990) 20 NSWLR 724 cited Rank Film Distributors Ltd v Video Information Centre [1982] AC 380 cited Accident Insurance Mutual Holdings Ltd v McFadden (1993) 31 NSWLR 412 cited Hamilton v Oades (1989) 166 CLR 486 cited Khan v Khan [1982] 1 WLR 513 cited Re The Licensing Ordinance (1968) 13 FLR 143 cited Doughty v Corporate Affairs Commission (NSW) (1988) 13 ACLR 612 cited Traders Prudent Insurance Co Ltd v The Registrar of the Workers' Compensation Commission of New South Wales [1971]2 NSWLR 513 cited

BRIAN MILLWOOD SMITH v KERRIE PAPAMIHAIL and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION No WAG 95 of 1998 CARR J PERTH 16 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA