Election Importing Company Proprietary Limited and Courtice and Others [1949] HCA 20

High Court of Australia Williams J. Election Importing Company Proprietary Limited and Courtice and Others [1949] HCA 20

ORDER Motion dismissed. Defendants' costs to be their costs in the action.

Cur. adv. vult.

The following written judgment was delivered:—

July 1 Williams J.

This is a motion for an interlocutory injunction in an action between Election Importing Co. Pty. Ltd., a company duly incorporated in accordance with the laws of New South Wales, as plaintiff and Benjamin Courtice, the Minister of State for Trade and Customs, the Comptroller-General of Customs and the Collector of Customs of New South Wales as defendants. The motion asks that until the hearing of the action or further order of this Court the defendants be restrained from proceeding to cancel import licence No. 094585 or from taking any action against the plaintiff on the basis that this licence has been validly cancelled.

The plaintiff is primarily engaged in the importation of watches and watch movements from Switzerland, and its managing director, Walter Sternberg, is the agent in Australia of Nouvelle Fabrique Election SA. of La Chaux-De-Fonds, Switzerland, a manufacturer of watches and watch movements (hereinafter called the Swiss company). The licence in question was granted to the plaintiff on 16th March 1949 under the provisions of the Customs (Import Licensing) Regulations and authorized it to import into Australia 3,000 watch movements manufactured by the Swiss company which were expected to reach Australia in three shipments of about 1,000 movements each on approximately 15th May, 15th June and 15th July 1949. The provisions of reg. 8 of the Customs (Import Licensing) Regulations were complied with as the order for these movements was placed with the Swiss company immediately after the granting of the licence and was accepted by that company on 1st April 1949. On 2nd May 1949 the plaintiff company ordered 3,000 watch cases from a company in Victoria to case the movements on their arrival in Australia.