Jiang v Chief Executive Officer of Customs [2000] FCA 1378

FEDERAL COURT OF AUSTRALIA

Jiang v The Chief Executive Officer of Customs [2000] FCA 1378

JURISDICTION – no jurisdiction to hear application for judicial review by a person who is a defendant in a prosecution for an offence against a law of the Commonwealth in relation to a related criminal justice process decision – whether proceedings in District Court are part of the ordinary criminal justice process or a special customs prosecution Customs Act 1901 (Cth) ss 233, 233AB, 234, 236 244, 245, 247, 255 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 9A Judiciary Act 1903 (Cth) s 39B

Comptroller-General of Customs v D'Aquino Bros Pty Ltd (1996) 135 ALR 649 Mallen v Lee (1949) 80 CLR 198 Bainbridge-Hawker v Minister for State for Trade and Customs (1958) 99 CLR 521

ALAN JIANG AND LI YING V THE CHIEF EXECUTIVE OFFICER OF CUSTOMS, COLIN MARK BULLOCH, MELANIE JANE OLSON AND WENDY ELDER N 612 OF 2000

JUDGE: BEAUMONT J DATE: 5 SEPTEMBER 2000 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 612 OF 2000

BETWEEN: ALAN JIANG

FIRST APPLICANT

LI YING

SECOND APPLICANT

AND: THE CHIEF EXECUTIVE OFFICER OF CUSTOMS

FIRST RESPONDENT

COLIN MARK BULLOCH

SECOND RESPONDENT

MELANIE JANE OLSON

THIRD RESPONDENT

WENDY ELDER

FOURTH RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 5 SEPTEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The preliminary question – "Whether the Court has jurisdiction to hear and decide the applicant's notice of motion dated 13 June 2000." be answered, yes. 2. The first, second and third respondents pay the applicants' costs of the separate question.