Federal Court of Australia
cue cae AlZ 88..
CATCHWORODS
ADMINISTRATIVE LAW —- judicial review - seizure of documents -
Customs Act - validity of notice - principle governing stay -
serious question to be tried.
CUSTOMS ~ Notice to Produce Documents — information on oath in writing - allegation that goods unlawfully imported, entered or
undervalued ~ disjunctive allegation - arguably insufficient.
Customs Act 1901 s.214 Administrative Decisions (Judicial Review) Act 1977 s.15 Federal Court of Australia Act 1976
Pearce v Button (1985) 60 ALR 537 Snow v Deputy Commissioner of Taxation (1986) 70 ALR 672 Perkins v Cuthi 9 ALR
KELLOGG OVERSEAS CORPORATION, JGC CORPORATION & KAISER ENGINEERS (AUSTRALIA) PTY LTD T/AS KIR v JOHN D LAMBERT, COLLECTOR OF CUSTOMS FOR WESTERN AUSTRALIA, DENIS JOHN LEWIS and COMPTROLLER GENERAL OF CUSTOMS No. WAG ° 8
FRENCH J. PERTH 22 JULY 1988
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
JUDGE MAKING ORDER: DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
1. The respondents
perusing,
documents seized from the
PERTH
copying
No. WAG 107 of 1988 KELLOGG OVERSEAS CORPORATION, JGC CORPORATION & KAISER ENGINEERS (AUSTRALIA) PTY LTD T/AS KJR
Applicants and
JOHN D LAMBERT, COLLECTOR OF CUSTOMS FOR WESTERN AUSTRALIA
First Respondent and DENIS JOHN LEWIS
Second Respondent
and COMPTROLLER GENERAL OF CUSTOMS
Third Respondent
MINUTE OF ORDER
FRENCH J.
22 JULY 1988
until further order refrain
or otherwise dealing with
offices of the applicants
from the
on
20 July 1988 pursuant to the notice dated 13 July 1988 under the hand of the first respondent except in accordance with this order.
The respondents do as soon as practicable seal up the documents so seized and any copies or extracts therefrom.
There will be liberty to either party to apply on short notice to vary or discharge this order.
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