Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chong v Schultz [2000] FCA 582
CRIMINAL LAW – search warrants – judicial review of issue – construction – whether offence disclosed – warrant stating person "avoided the payment of income tax by directing income tax [sic] into" certain accounts thereby defrauding the Commonwealth – warrant further stating person gave false information to trustee in bankruptcy contrary to s 276A of the Bankruptcy Act – such offence created by s 267A
Crimes Act 1914 (Cth) s 3E(5)(a)
Beneficial Finance Corporation Ltd v Commissioner of Australian Federal Police (1991) 31 FCR 523 applied Harts Australia Ltd v Commissioner, Australian Federal Police (1997) 94 177 at 183 applied Parker v Churchill (1986) 9 FCR 334 at 340 applied West v Lawday (1865) 11 HLC 375 at 384 applied JOHN CHONG & ORS V GRANT DAMIEN SCHULTZ & ORS NO. V 197 OF 2000 HEEREY J 1 MAY 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 197 OF 2000
BETWEEN: JOHN CHONG
JOE CHONG
DR JESSICA HO
Applicants
AND: GRANT DAMIEN SCHULTZ
PAUL ANDREW ERDMANN
MELISSA TERESA LESTER
GREGORY McLEOD
DAMIEN MICHAEL RYAN
Respondents
JUDGE: HEEREY J
DATE OF ORDER: 1 MAY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicants pay the respondents' costs fixed at $5,000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 197 OF 2000
BETWEEN: JOHN CHONG
JOE CHONG
DR. JESSICA HO
Applicants
AND: GRANT DAMIEN SCHULTZ
PAUL ANDREW ERDMANN
MELISSA TERESA LESTER
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