Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hannaford v Choi [2004] FCA 246
INTERPRETATION – Australian Crime Commission Act 2002 (Cth) - meaning of "passport", "possession, custody or control" WORDS & PHRASES - "passport" "possession, custody or control" Australian Crime Commission Act 2002 (Cth), ss7, 24 Criminal Code Act 1995 (Cth) s11.2(1) Customs Act 1901 (Cth) s233(1)(b) Federal Commissioner of Taxation v ANZ Banking Group (1979) 23 ALR 480 applied
JOHN PLANTA HANNAFORD Examiner, Australian Crime Commission v DONG SONG CHOI
V289 OF 2004
MARSHALL J
15 MARCH 2004
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V289 OF 2004
BETWEEN: JOHN PLANTA HANNAFORD
Examiner, Australian Crime Commission
APPLICANT
AND: DONG SONG CHOI
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 15 MARCH 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. With the assistance of the Minister for Immigration and Multicultural and Indigenous Affairs the respondent deliver his passport to the applicant.
2. The applicant retain the passport until 24 March 2004 pursuant to s24(3)(b) of the Australian Crime Commission Act 2002, (Cth).
3. The directions hearing be adjourned to 9 am on 31 March 2004.
4. The parties have liberty to apply on not less than 24 hours written notice to each other party.
5. Costs reserved. 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 V289 OF 2004
BETWEEN: JOHN PLANTA HANNAFORD
Examiner, Australian Crime Commission
APPLICANT
AND: DONG SONG CHOI
RESPONDENT
JUDGE: MARSHALL J
DATE: 15 MARCH 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 On 10 March 2004 the Court ordered: "The respondent Dong Song Choi, born 26 February 1944, to appear before the Federal Court on 11 March 2004 at 10 am at 305 William Street, Melbourne to show cause why the respondent should not be ordered pursuant to section 24(1) of the Australian Crime Commission Act 2002 (Cth) to deliver to the applicant any passport issued to the respondent that is in his possession, custody or control"("the show cause order").
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