Versace v Monte [2001] FCA 1572

FEDERAL COURT OF AUSTRALIA

Versace v Monte [2001] FCA 1572 EVIDENCE – privilege – privilege against self-incrimination – where respondent claims privilege against self-incrimination in respect of cross-examination on topics relating to statements appearing in the first respondent's book – scope of the privilege against self-incrimination – adverse inferences – application of s 128 – where evidence may tend to prove that the first respondent has committed an offence against a law of a foreign country – whether the interests of justice require that the first respondent give evidence – where previous disclosures – waiver – where no precise or specific reference on oath by the first respondent to the topics in relation to which privilege is claimed

Evidence Act 1995 (Cth) s 128 Evidence Act 1995 (NSW) s 128 Attorney-General (NT) v Maurice (1986)161 CLR 475 applied Dolan v Australian & Overseas Telecommunications Corporation (1993) 42 FCR 206 referred to Accident Insurance Mutual Holdings Ltd v McFadden [1993] 31 NSWLR 412 considered In Marriage of Atkinson (1997) 136 FLR 347 referred to Odger's Uniform Evidence Law (2000), 4th ed

GIANNI VERSACE SPA, SANTO VERSACE, DONATELLA VERSACE v

FRANK MONTE aka FRANCOIS FERDINAND MONTENERI and ARKITUDE HOLDINGS PTY LIMITED N 1184 of 2001 TAMBERLIN J SYDNEY 6 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1184 OF 2001

BETWEEN: GIANNI VERSACE SPA

FIRST APPLICANT

SANTO VERSACE

SECOND APPLICANT

DONATELLA VERSACE

THIRD APPLICANT

AND: FRANK MONTE aka FRANCOIS FERDINAND MONTENERI

FIRST RESPONDENT

ARKITUDE HOLDINGS PTY LIMITED

(ACN 096 646 016)

SECOND RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 6 NOVEMBER 2001

WHERE MADE: SYDNEY