Moses and Paul Obeid issue court challenge to ACCC examination notices

In response to media inquiries, the ACCC confirms that an application has been filed in the Federal Court of Australia which seeks to challenge compulsory examination notices issued by the ACCC to Paul and Moses Obeid under Section 155 of the Competition and Consumer Act 2010.

These examinations are part of the ACCC’s investigation into allegations of cartel conduct regarding the 2009 tender process conducted by the NSW Department of Trade and Investment (formerly the Department of Primary Industries) for an exploration mining licence over the Mount Penny coal tenement in the Bylong Valley.

The ACCC’s investigation follows the report made by the NSW Independent Commission Against Corruption in Operation Jasper concerning the above tender process.

The notices require each of Paul and Moses Obeid to attend the ACCC offices, give evidence and produce documents in private examinations.

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.

As this matter is before the Federal Court and subject to further investigation, the ACCC has no further comment at this time. The hearing is listed for 12pm on 6 June 2014 in Sydney.