Parker v Comptroller-General of Customs [2009] HCA 7

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON AND KIEFEL JJ

STEPHEN EDWARD PARKER APPELLANT

AND

COMPTROLLER-GENERAL OF CUSTOMS RESPONDENT

Parker v Comptroller-General of Customs [2009] HCA 7

12 February 2009

S317/2008

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

J T Gleeson SC with M J Darke and D A Lloyd for the appellant (instructed by Yeldham Price O'Brien Lusk)

D J Fagan SC with G M Elliott for the respondent (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Parker v Comptroller-General of Customs

Practice and procedure – Appeals – Procedural fairness – Respondent issued a warrant under s 214 of Customs Act 1901 (Cth) authorising seizure of documents relating to single bottle of brandy – Officers of respondent seized documents relating to "other goods" imported within previous five years – District Court decided in In the matter of the appeal of Lawrence Charles O'Neill (unreported, District Court of New South Wales, 18 August 1988) that warrants issued under s 214 did not permit seizure of five year documents – Court of Appeal decided O'Neill "mistaken" without affording appellant opportunity to make submissions – Whether appellant denied procedural fairness in Court of Appeal – Scope of principles respecting procedural fairness in curial proceedings – Whether appellate court required to afford parties opportunity to be heard on non-binding decision.

Practice and procedure – Appeals – Procedural fairness – Court of Appeal went on to decide appeal on footing O'Neill correct – Whether lack of opportunity to make submissions with respect to O'Neill caused prejudice to appellant and affected outcome in Court of Appeal.