Obeid Sons Challenge ACCC Court Order for Examination Notice

Friday 6 June 2014 @ 10.18 a.m. | Trade & Commerce

The Australian Competition and Consumer Commission (ACCC) has confirmed that an application has been filed in the Federal Court of Australia by the two sons of Eddie Obeid, Paul and Moses, which seeks to challenge compulsory examination notices issued by the ACCC under Section 155 of the Competition and Consumer Act 2010.

Background to Challenge

The ACCC is investigating allegations that Moses and Paul Obeid were involved in cartel conduct during the 2009 tender process for an exploration licence over the Mount Penny coal tenement in the Bylong Valley in NSW.

The ACCC's investigation comes on the back of a report on the tender by the NSW Independent Commission Against Corruption.

The notices, issued under s155 of the Competition and Consumer Act, require Paul and Moses Obeid to attend the ACCC's offices to give evidence and produce documents in private examinations.

Current Claims by Parties

Lawyers acting for Paul and Moses Obeid seek a declaration from the Federal Court that the notices are invalid.

The ACCC considers that the notices are valid and were properly issued, and consequently is opposing the application by Paul and Moses Obeid.

The matter will be heard before the Federal Court of Australia at noon today (6 June 2014).

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