Federal Court of Australia
» ¢ ) , . we 'y } CATCHWORDS \ nN ,
Administrative law - judicial review - forfeiture of goods - notice of seizure of goods pursuant to the Customs Act.
Jurisdiction - whether relief sought at common law and pursuant to Judicial Review Act can be determined by Federal Court - test to determine the extent of the Federal Court's accrued jurisdiction - determining factor not the nature of the remedy but whether the claims form part of the one controversy - common substratum of facts.
Practice and procedure - leave to amend application - exercise of discretion.
Administrative Decisions (Judicial Reviesz} Act 1977 ss.5, 8, 9, 13, 15, 16
Customs Act 1901 ss.203, 205, 208A, 229
Federal Court of Australia Act 1976 ss.21, 22, 32
TETRON INTERNATIONAL PTY. LTD. and GRAPSAS IMPORTS PTY. LTD.
Vv.
A.B. LUCKMAN (COLLECTOR OF CUSTOMS, VICTORIA), GRAEME ERNEST MINNIECE and
COMMONWEALTH OF AUSTRALIA
V. No. G 50 of 1985
Northrop d. Melbourne -%
7 August 1985 \! boy ee
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. G 50 of 1985 ) )
GENERAL DIVISION BETWEEN :
TETRON INTERNATIONAL PTY. LTD. and GRAPSAS IMPORTS PTY. LTD. Applicants
and
A.B. LUCKMAN (COLLECTOR OF CUSTOMS, VICTORIA), GRAEME ERNEST MINNIECE and COMMONWEALTH OF AUSTRALTA Respondents
COURT: NORTHROP J.
DATE: 7 AUGUST 1985
PLACE: MELBOURNE
REASONS FOR JUDGMENT
In these proceedings under the Administrative
Decisions (Judicial Review) Act 1977, the "Judicial Review
Act", the applicants are seeking orders of review of decisions made pursuant to s.203 of the Customs Act 1901 by an authorized person to seize goods which he claims he believed on reasonable grounds to be forfeited goods under the Customs Act. After some initial confusion, the position has cleared and for present purposes it is sufficient to state the relevant facts in a simple form. Early in the year 1985, each of the applicants imported into Australia goods
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