Australian Competition & Consumer Commission v Global Prepaid Communications Pty Ltd (ACN 095 154 108) (In Liq) [2005] FCA 409

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Global Prepaid Communications Pty Ltd (ACN 095 154 108) (In Liq) [2005] FCA 409

CORPORATIONS – liquidation – proceedings against company – leave to proceed granted where may assist case against personal respondents PRACTICE AND PROCEDURE – interrogatories – questions as to state of mind of individuals allowed – privilege against self-incrimination discussed Corporations Act 2001 (Cth), s 500 Aspar Autobarn Co-operative Society v Dovala Pty Ltd, (1987) 16 FCR 284, cited Construction, Forestry, Mining, and Energy Union of Australia v Alfred (2004) 135 FCR 459, cited Microsoft Corporation v CX Computers Pty Ltd (2002) 116 FCR 372, cited Navair Pty Ltd v Transport Workers' Union of Australia (1981) 52 FLR 177, not followed The Queen v Deputy Commissioner of Taxation; Ex parte Briggs (1987) 13 FCR 389, referred to Refrigerated Express Lines (Australasia) Pty Ltd v Australian Meat & Livestock Corporation (1979) 42 FLR 204, discussed Trade Practices Commission v Manfal Pty Ltd (No 3) (in liq) (1991) 33 FCR 382, referred to Wong v The Minister for Immigration& Multicultural & Indigenous Affairs (2002) FCA 1271, followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GLOBAL PREPAID COMMUNICATIONS PTY LTD (ACN 095 154 108) (In Liquidation), IN TOUCH NETWORKS PTY LTD (ACN 098 279 746) (In Liquidation), NICHOLAS YATES, FRANK YATES, NICHOLAS RHODIN, DANIEL ALBERT, RUSSELL FIELDING and JOHN RHODIN N 328 OF 2003 GYLES J 15 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 328 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: GLOBAL PREPAID COMMUNICATIONS PTY LTD (ACN 095 154 108) (In Liquidation)

FIRST RESPONDENT