Maersk A/S v Patti [2022] FCA 663

Federal Court of Australia

Maersk A/S v Patti [2022] FCA 663 File number(s): NSD 1291 of 2021

Judgment of: RARES J

Date of judgment: 13 May 2022

Catchwords: PRACTICE AND PROCEDURE – application to strike out defence – whether respondent entitled to invoke privilege against self-incrimination or self-exposure to a penalty to avoid pleading to statement of claim – where statement of claim makes no direct allegations of criminality or conduct that may sound in a civil penalty – where privileges important common law rights – where many allegations could not possibly tend to prove criminality or liability for a civil penalty – Held: defence struck out

Legislation: Australian Consumer Law ss 18 and 236 Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Pt VB Federal Court Rules 2011 (Cth) Pt 16

Cases cited: Adams v Director of the Fair Work Building Industry Inspectorate (2017) 258 FCR 257 Australian Building and Construction Commissioner v O'Halloran [2021] FCAFC 185 Buckmaster v Meiklejohn (1853) 8 Exch 634 at 637; [155 ER 1506 CC Containers Pty Ltd v Ming Lee [2012] VSC 149 Grochowski v Kearney [2020] FCA 1248 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Macdonald v Australian Securities and Investments Commission (2007) 73 NSWLR 612 Reid v Howard (1995) 184 CLR 1 Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (2018) 357 ALR 695 Sullivan v Krepp [2020] SASC 97 The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543 Trade Practices Commission v Abbco Iceworks Pty Ltd (1994) 52 FCR 96