Baker, R. & Ors v. Evans, C. & Ors [1987] FCA 261

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CATCHWORDS

POLICE - (1) search warrants - solicitors' office - claim of legal professional privilege - client company dissolved - claim by persons interested in company failed.

(2) search warrants - solicitors' office - claim of legal professional privilege - fraud alleged - sales tax scheme -

whether prima facie case of fraud essential - test of waiver of privilege.

SALES TAX - alleged avoidance scheme - defective execution of scheme - whether case of fraud shown.

BILLS OF SALE - purported charge of chattel - charges having no interest in chattel - void.

Sales Tax Assessment Act (No. 3) 1930

Richard Edward Baker & Ors.

v. Clyde Evans & Ors. Qld G136 of 1986

PINCUS J. BRISBANE 26 MAY 1987

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY )

GENERAL DIVISION

JUDGE MAKING ORDER:

DATE

BETWEEN:

AND:

OF ORDER:

WHERE MADE:

RICHARD EDWARD BAKER PETER ANTHONY HUGHES KEVIN ALLAN MONTGOMERY

QLD G136 of 1986

First Applicants

JOHN COSTELLO KENNETH GORDON RONALD HOPKINS

Second Applicants

CLYDE EVANS

First Respondent

CHRISTOPHER ALEXANDER BUTTNER

Second Respondent

STANLEY THOMAS WOODS

Third Respondent

MINUTES OF ORDER

PINCUS J. 26 MAY 1987 BRISBANE

THE COURT ORDERS THAT:

NOTE:

The application be dismissed.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G136 of 1986 GENERAL DIVISION )

BETWEEN: RICHARD EDWARD BAKER PETER ANTHONY HUGHES KEVIN ALLAN MONTGOMERY First Applicants AND: JOHN COSTELLO KENNETH GORDON RONALD HOPKINS

Second Applicants

AND: CLYDE EVANS First Respondent AND: CHRISTOPHER ALEXANDER BUTTNER

Second Respondent

AND: STANLEY THOMAS WOODS

Third Respondent

PINCUS J. 26 MAY 1987

REASONS FOR JUDGMENT

This is an application for orders of review under the

Administrative Decisions (Judicial Review) Act 1977 and also for relief under s.39B of the Judiciary Act 1904. There are two sets