Federal Court of Australia
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NF SOUTH UALTS DTSTRICT PrGTs™py) o.G104 of 1978 )
GLUPRAL DIVISION )
IN THE PATTRP OF ™Fa Trade Practices Act, 1974
LK. OMTILEPY IVVESTMeRTs Pry, LIMTTED
Applicant
PPPCY MAPES PTY. LIMTTED
STLERITNG NICHOLAS PUTY FREE rey, LIMITTD
SOUTH PACIFIC NUTY PREF PTY. LIMITE
WHITRHATL TNVPSTMENTS PTY. Ld VTTED
'EP-CTTyY DUTY PPP Pty. LINMITUR
Dury FRET SrCurTTY CA. LthetT Tren
Respancents CORAM: Frenki J.
2G Febroery 1990
REASONS FOR _OPEMp TT
PRARFT 7. Tn these procecdirgs the applicant saucht injunctions, danages end costs from the recpondenis uneer the previsions of
the Trade Prectices Act 1°74 ("the Pet"). The proceedings vere
based upen an alleged contravention of ss. 45, "5A, 452 ane 4G of Pr
the Act.
Cn 2] Rovenher 1978 IT published rensens for grantince ar
interlocutery ianjunctien urder s.°0 of +ne AcL.
yee
The first five respondents are companies engaged in what 1s called the "duty free" trade in Sydney 1n which qoods are sold by retail to persons about to depart from Australia and, provided an appropriate procedure is followed, it is possible for the acods
to be sold without liability for customs duty and apparently
sales tax.
The applicant is a retailer of high class jewcllery and a minor part of its business is in the duty free trade with
persons shortly to depart from the international airport at
Sydney.
The most satisfactory method of operating involved a procedure in which an invoice is attached to the packace containing the duty free goods at the point of sale and the gecdse are sighted and the invoice detached at the airport when the Passenger is departing from Australia. Turing the course cf the hearing this procedure of detaching invoices was called "plucking" the invoice and I have adopted the same course in this
Judgment. The "plucked" invoice had to ke forwarded to the
Bureau of Customs.
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