{"id":473,"date":"2018-11-13T03:02:24","date_gmt":"2018-11-13T03:02:24","guid":{"rendered":"http:\/\/www.16news.com.au\/?p=473"},"modified":"2018-11-13T03:02:24","modified_gmt":"2018-11-13T03:02:24","slug":"federal-court-refuses-application-by-moses-obeid-for-suppression-order","status":"publish","type":"post","link":"http:\/\/www.16news.com.au\/index.php\/2018\/11\/13\/federal-court-refuses-application-by-moses-obeid-for-suppression-order\/","title":{"rendered":"Federal Court refuses application by Moses Obeid for suppression order"},"content":{"rendered":"

The Federal Court today dismissed an application by Moses Obeid for leave to appeal the Court\u2019s earlier refusal to grant a suppression order over part of its reasons in an alleged bid rigging case brought by the ACCC.
\nOn 6 July 2018 the Federal Court dismissed proceedings brought by the ACCC against 11 respondents for alleged bid-rigging conduct. These proceedings related to the 2009 tender process conducted by the then NSW Department of Primary Industries for exploration licences over the Mount Penny and Glendon Brook coal tenements in the Bylong Valley.\u00a0 One respondent, Loyal Coal Pty Ltd (Loyal), admitted liability before the trial took place.
\nThe ACCC filed an appeal from that judgment on 3 August 2018. This appeal is yet to be to be heard.
\nOn 6 July 2018 Moses Obeid also sought a suppression order over part of the Court\u2019s reasons.
\nThis application was refused by the Court but in the meantime part of the reasons have remained the subject of interim suppression orders pending resolution of an application by Moses Obeid for leave to appeal that decision.
\nThe decision of the Court today means that the judgment of 6 July 2018 is no longer subject to any suppression order.
\nBackground<\/strong>
\nThe ACCC\u2019s investigation followed the report by the NSW Independent Commission Against Corruption (ICAC) in its Operation Jasper investigation concerning the same tender process.
\nThe ACCC alleged that Cascade had entered into a contract, arrangement or understanding with Loyal, three of its affiliated companies and United Pastoral Group for Loyal to withdraw from the NSW Government\u2019s tender process for the Mount Penny and Glendon Brook mines.
\nAs part of the arrangement, Cascade would then grant one of the Loyal affiliated companies, Buffalo Resources, a 25 per cent interest in the Mount Penny coal release area and agree to buy the properties of some landowners, who were represented by Paul and Moses Obeid, at four times the land value, and to take over their mortgage obligations.
\nLoyal subsequently withdrew its bid, and Cascade won the tender for the Mount Penny and Glendon Brook coal release areas.
\nThe ACCC also alleged that in 2010, Buffalo Resources transferred ownership of the 25 per cent interest to another company, Southeast Investment Group, which later sold the interest back to an entity affiliated with Cascade and controlled by Richard Poole.
\nAs a result of the sale, Southeast Investments accepted $60 million in benefits, including approximately $30\u00a0million in cash payments, which was distributed to beneficiaries of the Obeid Family Trust No.\u00a02, including Paul and Moses Obeid and their immediate families.
\nThe ACCC instituted proceedings in May 2015 against 11 respondents as follows:<\/p>\n