Federal Court of Australia
JUDGMENT No.
CATCHWORDS CUSTOMS AND EXCISE - Customs Act 1901 ~- Order directing Official
Trustee to take control of property pending determination of proceedings for recovery by Commonwealth of pecuniary penalties for dealings in narcotic goods - Power of Court to make orders in relation to property vested in the Official Trustee - Power of Court to impose
conditions subject to whch order applies to relevant property.
Customs Act 1901 - ss. 243B, 243E, 243F.
COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE v. ARTHUR JAMES BUTLER and DONALD EDGAR ANDERSON
NSW G140 of 1987
LOCKHART J. SYDNEY
2 NOVEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY ) No. G 140 of 1987 GENERAL DIVISION BETWEEN : COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE Applicant AND: ARTHUR JAMES BUTLER & DONALD EDGAR ANDERSON Respondents JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 2 NOVEMBER 1987 WHERE ORDER MADE: SYDNEY
MINUTE OF ORDERS
THE COURT ORDERS THAT:
1.
The order made by the Honourable Mr. Justice Gummow on 10 April 1987 be varied to exclude from its terms the shares specified in the contract notes copies of which contract
notes are annexures "D", "E", ""F" and "G" to the affidavit of
Maurice Sullivan and 2 November 1987 filed herein.
The Official Trustee in Bankruptcy pay, within seven (7) days of the date hereof, the sum of 655,518 to Messrs. P.A. Somerset & Co., Solicitors, on behalf of Edward Coutts & Co. Pty. Ltd. conditional upon and in exchange for the share
scrip in respect of the said shares.
Upon the payment referred to in paragraph 2 hereof and receipt of the said share scrip referred to 1n paragraph 2 hereof the Official Trustee shall take control thereof upon
the same terms as the order made by Gummow J. on 10 April
1987.
The Official Trustee be empowered to pay out of the property controlled by it such stamp duty and any other State or Federal Governmental duties or charges payable in respect of the transfer of the said shares into the name of Arthur James
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