Toy Centre Agencies Pty Ltd v Spencer, Leo Spencer & Ors [1983] FCA 30

CATCHWORDS

Administrative Law - Customs Act, 1901 - application for order of review of decision to seize goods - basis of decision false invoice declaration - meaning of "false" within para. 229 (1) (1) - whether rules of natural justice

apply to Customs' seizure.

Administrative Decisions (Judicial Review) Act 1977 Customs Act 1901 ss. 203, 204, 205, 206, 208, 229, 234.

Social Services Act 1947 s. 138

TOY CENTRE AGENCIES PTY. LIMITED v. LEO SPENCER & ORS. NO. G. 234 OF 1982

10 MARCH 1983

AT SYDNEY

LOCKHART J.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G 234 OF 1982

) GENERAL DIVISION )

BETWEEN: TOY CENTRE AGENCIES PTY. LIMITED

Applicant

AND: LEO SPENCER, RAYMOND PATRICK McMAHON and FRANCIS IVOR KELLY

Respondents

ORDERS

JUDGE MAKING ORDERS: LOCKHART J. DATE OF ORDERS: 10 MARCH 1983 WHERE MADE: AT SYDNEY

1. The application be dismissed,

2. The applicant pay the respondents' costs,

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G 234 OF 1982 ) )

GENERAL DIVISION

BETWEEN: 'TOY CENTRE AGENCIES PTY.

LIMITED Applicant AND: LEO SPENCER, RAYMOND PATRICK

McMAHON and FRANCIS IVOR KELLY Respondents

REASONS FOR JUDGMENT

10 MARCH 1983

LOCKHART J. Toy Centre Agencies Pty. Limited ("the applicant")

seeks an order of review under the Administrative Decisions

(Judicial Review) Act 1977("the Judicial Review Act") of a decision of the third respondent, Francis Ivor Kelly, who is the Collector of Customs for New South Wales ("the Collector") to seize a consignment of 2,182 sets of 12" unassembled mini BMX pavement bicycles kits ("the goods") being the property of the applicant. The decision was made by the Collector on 17 November 1982 purportedly pursuant to the power of seizure conferred by s. 203 of the Customs Act 1901 ("the Act") which provides that an authorized person (an expression which includes an officer of