Tigani, T. v. Collector of Customs for the State of South Australia & anor [1985] FCA 343

2423,

CATCHWORDS Administrative Law - Judicial Review - Application for costs -

imported motor vehicle retained under control of Customs - vehicle released to owner subsequent to institution of

proceedings under Administrative Decisions (Judicial Review) Act

- whether Customs acted reasonably in retaining vehicle - whether

released as a consequence of anstitution of proceedings.

Administrative Decisions (Judicial Review) Act

Customs Act 5.38B

No. SA G 36 of 1984

THOMAS TIGANI v. COLLECTOR OF CUSTOMS FOR THE STATE OF SOUTH

AUSTRALIA & WALTER BEZERUK

FORSTER J.

ADELAIDE

9 JULY 1985

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIAN DISTRICT REGISTRY) ) No. SA G 36 of 1984

GENERAL DIVISION )

BETWEEN:

THOMAS TIGANI Applicant - and - COLLECTOR OF CUSTOMS FOR THE

STATE OF SOUTH AUSTRALIA and WALTER BEZERUK

Respondent

EX TEMPORE REASONS FOR JUDGMENT

CORAM: Forster, J.

This is an application for an order for the costs of

proceedings taken by the applicant.

In this matter the applicants aimported from Great

Britain a Mercedes motor car which was interrupted - to use a

neutral word - by the Customs Department in order that the

department might make investigations which were thought necessary an order to confirm the ownership of the vehicle and also its

value for the purposes of duty.

2.

In the course of the investigations being made by the department a notice pursuant to s.38B of the Customs Act was directed both to the applicant and to his solicitors requiring the production of bank statements of the Commonwealth Trading Bank, Aldwych, United Kingdom branch, of the account of Tigerno Investments, which show deposits and withdrawals of moneys or

cheques or bank cheques in relation to all payments for the said vehicle; all cheque books for the above account which contained

butts detailing payments for the said vehicle and documentary