Federal Court of Australia
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in} Administrative law - judicial review - importation of two Mercedes
Benz vehicles by applicant - seizure under Customs Act - whether
lack of jurisdiction in respondent to give notice of seizure - whether respondent's belief goods forfeited reasonable - onus of
proof - whether respondent took into account irrelevant considerations or failed to take into account relevant
considerations
Administrative Decisions (Judicial Review) Act 1977 s.5 Customs Act 1901 ss.203, 205, 229 GUISEPPE BRUNETTO v. COLLECTOR OF CUSTOMS
No. WA G86 of 1984
TOOHEY J. PERTH 12 DECEMBER 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G86 of 1984
BETWEEN:
GUISEPPE BRUNETTO
Applicant and
COLLECTOR OF CUSTOMS
Respondent
QO R D_E R
JUDGE MAKING ORDER : Toohey J. DATE OF ORDER $ 12 December 1984 WHERE MADE : Perth
THE COURT ORDERS THAT:
The application is dismissed.
The applicant pay the respondent's costs of the
application.
By consent the publication of those names contained in the Exhibits marked with the letter "G" and referred to in the Affidavit of Ian Douglas Ross
sworn the 27th day of November 1984 and listed in
The Schedule be prohibited to all persons other
2.
than the applicant andthe respondent and their
legal advisers and the members and staff of the
Court
duties.
in the
course of the performance of their
et car Ae Teer Ril pert arnt a a ee
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IN) THE FEDERAL COURT GF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G86 of 1984
~~ ee ee
BETWEEN: GUISEPPE BRUNETTIO
Applicant and
COLLECTOR OF CUSTOMS
Respondent
CORAM: TOOHEY J.
12 December 1984
REASONS FOR JUDGMENT This application under the provisions of the
Administrative Decisions (Judicial Review) Act 1977 concerns the
seizure by the respondent of two Mercedes Benz motor vehicles, the property of the applicant. I shall refer to them as the 1977 Mercedes and the 1978 Mercedes.
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