Federal Court of Australia
CATCHWORDS Administrative Law - Judicial review - Whether search warrants properly issued - Whether sufficient information on oath to satisfy
justice of matters specified in s.10 of Crimes Act - Whether warrants
properly executed - Seizure of irrelevant material.
Crimes Act 1914, s.10, s.29D
Administrative Decisions (Judicial Review) Act 1977 Sales Tax Assessment Act (No. 1) 1930, s.11(1) Taxation Administration Act 1953, s.8C(d)
Income Tax Assessment Act 1936, 5.231
RALPH EDWARD PARKER AND ORS. v. MARTIN ALAN CHURCHILL AND ORS.
Bowen C.d., Lockhart and Jackson JJ. 26 March (\9S6 Sydney
a3
re
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
} ) NEW SOUTH WALES DISTRICT REGISTRY ) G337 of 1985 ) )
ON APPEAL from His Honour Mr Justice Burchett
BETWEEN :°
RALPH EDWARD PARKER
THERESE ISOBEL CARSON
ABCONA PTY LIMITED (trading as UTILITY MANUFACTURING (NOWRA)
ANEY HOLDINGS DTY. LIMITED EOSTA PTY. LIMITED
BENCARRA PTY. LIMITED
BENDOL PTY. LIMITED
BEZLOM PTY. LIMITED
CHAMAN HOLDINGS PTY. LIMITED DALWORTH PTY. LIMITED
E.A. PARKER CONSTRUCTION PITY. LIMITED MASOCA PTY. LIMITED trading as ABACIS COLLECTION AGENCY ZANGA PTY. LIMITED
Appellants AND:
MARTIN ALAN CHURCHILL
First Respondent BRENDAN CLIFFORD CONDIE Second Respondent
THE COMMISSIONER OF THE AUSTRALIAN FEDERAL POLTIGE
. 1 Third Respondent COMMISSIONER OF TAXATION
Fourth Respondent
MINUTE OF QRDER
Pinon madaneeenry
ees
3 reer . re at
set cpr :
JUDGES MAKING ORDER
2.
Bowen €.d3., Lockhart and Jackson JJ.
ae
DATE : 26 March 1986
PLACE -3 Sydney
THE COURT ORDERS AND DECLARES AS FOLLOWS:
1.
5.
Declare that the first and second respondents in ussuing the warrants referred to inthe further amended application acted
' beyond the powers conferred by s.10 of the Crimes Act 1914 in so
far as the warrants contained paragraph (d) and so much of paragraph (b) as referred to a possible offence by Ralph Edward Parker and Therese Isobel Carson of falsely representing that they
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