Vickers, Michael v Minister for Business & Consumers Affairs & Ors [1982] FCA 74

CATCHWORDS

Administrative law - seizure of money from applicant by Customs officers - money alleged to be proceeds of sale of illegally imported narcotics ~ bank notes seized ~ whether reasonably suspected of being proceeds of sale of narcotics - applicant's savings bank account in eredit - allegation that moneys deposited to credit of account were proceeds of sale of narcotics - whether bank credit is "goods" - whether bank credit is "moneys in the form of cash" ~ money standing to credit of account seized from bank ~- applicant charged with offence under Customs Act - acquitted - demand for repayment of seized money - refusal to repay - whether bank credit acquired "by reason of" sale of drugs - whether

applicant entitled to return of money.

Customs Act 1901 (Cth) ss. 203-209, 229 and 229A

Administrative Decisions (Judicial Review) Act 1977 (Cth) s.5

MICHAEL VICKERS v. MINISTER FOR BUSINESS AND CONSUMER AFFAIRS: COMPTROLLER-GENERAL OF CUSTOMS: T YOUNG and FRANCIS IVOR KELLY

No. G 111 of 1981 Morling J. 17 May 1982

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 111 of 1981

GENERAL DIVISION

BETWEEN: MICHAEL VICKERS

Applicant

AND: MINISTER FOR BUSINESS AND CONSUMER AFFAIRS

First Respondent COMPTROLLER-GENERAL OF CUSTOMS

Second Respondent T. YOUNG

Third Respondent

FRANCIS IVOR KELLY

Fourth Respondent

ORDER JUDGE MAKING ORDER: Morling, J. WHERE MADE: Sydney DATE: 20 May 1982 The Court orders that: 1. The decision of the thirdnamed respondent to seize Fifteen thousand

dollars ($15,000.00) being moneys contained in Account No.24694 at the Mosman Branch of the Bank of New South Wales Savings Bank Limited be

set aside.

2. The third and fourthnamed respondents pay to the applicant three- quarters of his costs of these proceedings.

3. Execution of proceedings hereunder be stayed for 21 days from the