Lakshmi Patel v A.B. Luckman (as the Collector of Customs, Victoria) [1985] FCA 691

JUDGMENT No. hdl 22,

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) NO. VG 83 of 1985 ) GENERAL DIVISTON )

Between: LAKSHMI PATEL Applicant

and

A.B. LUCKMAN (as the Collector of

Customs, Victoria) Respondent

THE COURT: Sweeney J.

DATE : 14 October 1985 PLACE : Melbourne

EX TEMPORE REASONS FOR JUDGMENT

In this matter the applicant seeks to have judicial review of the decision of the respondent to refuse to authorise delivery of

a motor car to the applicant which was seized by the respondent on

7 December 1984.

The guestion turns on the interpretation of schedule 2(f) of the Administrative Decisions Judicial Review Act 1977, and that

reads, under the heading: "Schedule 2, Classes of decisions that

are not decisions to which section 13 applies:

"(f) decisions in connection with the institution or

2.

conduct of proceedings in a civil court including decisions that relate to, or may result in, the bringing

of such proceedings for the recovery of pecuniary penalties arising from contraventions of enactments, and

o

in particular -".

In the Schedule there are then set out four sets of

particulars. As the matter now stands in addition to the material that was previously before me there is an affidavit which has been sworn today by a senior investigations officer of the Customs Department, Mr John Hodges, reterring to the notice which was given on 20 August 1985. He deposes to the fact that he recommended to the respondent that he retain the vehicle in question so 1t could be used as evidence in proceedings against Mr. J. Schelling, the importer of the car, pursuant to Part 14 of

the Customs Act, 1901.

He is informed by the respondent and verily believes that this recommendation was accepted by him. I might add that the

conduct of this case makes it plain indeed that that

recommendation has been acted upon. He goes on to say: