Commissioner of Australian Federal Police v B.R. Cornwell & Anor [1987] FCA 555

a

= "JUDGMENT No. ss8.f81

CATCHWORDS

NARCOTICS DEALINGS - property of dealers ~- order that Official Trustee take control under Customs Act 1901 (s 243E) - application to vary order (s 243F) - application to revoke (s 243H) ~— meaning of "in relation to

proceedings for a pecuniary penalty" (s 243H). Customs Act 1901: ss 243E, 243F and 243H

Commissioner of Australian Federal Police - v -

Bruce Richard Cornwell and

Barry Richard Bull

G 489 of 1986

Einfeld J. /

ny Sydney t { 2 00CT 1987

\ \ FEDERAL COURT OF 20 October 1987 \ AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 489 of 1986

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GENERAL DIVISION

Between: COMMISSIONER OF AUSTRALIAN FEDERAL POLICE

Applicant

B

BRUCE RICHARD CORNWELL

First Defendant and

BARRY RICHARD BULL

Second Defendant

CORAM: Einfeld J.

DATE: 20 October 1987

PLACE: Sydney

MINUTE OF ORDERS

(1) Motion dismissed.

(2) Mr. McGregor to pay the costs of the original and amended

notices of motion.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the

Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 489 of 1986

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GENERAL DIVISION

Between: COMMISSIONER OF AUSTRALIAN FEDERAL POLICE

Applicant

BRUCE RICHARD CORNWELL

First Defendant and

BARRY RICHARD BULL

Second Defendant

CORAM: Einfeld J.

DATE: 20 October 1987

PLACE: Sydney

REASONS FOR JUDGMENT

On 31 October 1986, there was pronounced by Mr. Justice Sheppard, and on

4 November 1986 there was entered, an ex parte order that

"The Official Trustee in Bankruptcy take control of the following property of the Defendant, Bruce Richard Cornwell -

(i) seven year old bay mare named "Singing Our Song" (NZ) ("SOS") by "Sir Tristram" out of "Sovereign's Song" registered with the Australian Jockey Club, No 91202, branded PC (nearside), 7 over 9 (off side);