Federal Court of Australia
JUDGMENT Narrahie Uncorabron
CATCHWORDS
CUSTOMS AND EXCISE -Customs Act 1901 - property in control
of Official Trustee pending determination of proceedings for recovery by Commonwealth of pecuniary penalties for dealings in narcotic goods - placing defendant in funds for legal costs
and disbursements, maintenance and rent.
Customs Act 1901 - s. 243E
COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE v. ARTHUR JAMES BUTLER & DONALD EDGAR ANDERSON
G 140 of 1987 —* Py I i" , x ;
5 > SG v mony . OAT > \ . LOCKHART J. ta ; 6 BEST, .
2 NOVEMBER 1987 ' ° aN
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SYDNEY , ann a
LIMITED CIRCULATION
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G140 of 1987 ) GENERAL DIVISION ) BETWEEN : COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE Applicant AND: ARTHUR JAMES BUTLER & DONALL' EDGAR ANDERSON Respondent JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 2 NOVEMBER 1987 WHERE ORDER MADE: SYDNEY MINUTE OF ORDER The Court orders that: 1. The Notice of Motion be dismissed; 2. Costs of the motion will be costs in the principal
proceedings,
NOTE: Settlement and entry of orders
G 140 of 1987.
the Federal Court Rules.
is dealt with in Order 36 of
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY } No. G140 of 1987 } )
GENERAL DIVISION
BETWEEN : COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE
Applicant
AND: ARTHUR JAMES BUTLER & DONALD
EDGAR ANDERSON Respondent
Z November 1987
REASONS FOR JUDGMENT
LOCKHART J.
On 2 November 1987 I heard a notice of motion seeking certain orders, the applicant being the Official Trustee in Bankruptcy ("the Official Trustee"). In that matter I braefly summarised the purpose of the relevant sections of Division 3 of Part XIII of the Customs Act ("the Act"). I do not repeat what I said there. The present motion is a motion by the first defendant in these proceedings, Mr. Arthur James Butler, for four categories of orders to which I shall refer in a moment. The evidence is to the effect that the Official Trustee has under his control property well in excess of $1 million, probably in
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