Hamilton v Oades [1989] HCA 21

ON THIS DAY in 1989, the High Court of Australia delivered Hamilton v Oades [1989] HCA 21; (1989) 166 CLR 486 (12 April 1989).

A company director sought to be excused from compulsory examination under s 541(3) of the Companies (New South Wales) Code on the basis his answers might lead to self incrimination where there were criminal charges and proceedings on foot (as well as pending) and he would be exposed to derivative evidence being used against him in the criminal proceedings. The court held that the director could not be excused from answering the questions as the statute had abrogated his privilege against self incrimination.

http://www.austlii.edu.au/au/cases/cth/HCA/1989/21.html

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