NSW Caselaw
New South Wales Supreme Court
CITATION : CEO of Customs v Camile Trading & Ors [2001] NSWSC 770 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20859/97 HEARING DATE(S) : 21 August 2001 JUDGMENT DATE : 5 September 2001
Plaintiff - Chief Executive Officer of Customs 1st Defendant - Camile Trading Pty Ltd PARTIES : 2nd Defendant - Leslie Ronald Fletcher 3rd Defendant - Evenfont Pty Ltd 4th Defendant - Robert Leonard Pullinger JUDGMENT OF : Master Harrison
COUNSEL : Plaintiff - P Hastings QC; R Wilson 3rd & 4th Defendants - D Hammerschlag SC SOLICITORS : Plaintiff - Australian Govenment Solicitor 3rd & 4th Defendants - Horowitz & Bilinsky Solicitors CATCHWORDS : strike out part of statement of claim Excise Act 1901 (Cth) LEGISLATION CITED : Crimes Act 1914 (Cth) Supreme Court Rules Pt 13 r 5; Pt 15 r 26 Air Services Australia v Zarb (NSWCA, Unreported, 26 August 1998) Dey v Victorian Railway Commissioners (1948-49) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Webster & Anor v Lampard (1993) 177 CLR 598 Yorke v Lucas (1983 - 1984) 158 CLR 661 CASES CITED : Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores (unreported, Goldberg J, Federal Court of Australia, 3 September 1998) Pioneer Electronics Australia Pty ltd v Edge Technology Pty Lrd [1999] FCA 142 (24 February 1999, kenny J) Trade Practices Commission v David Jones (Australia) Pty Ltd (1985) 7 FCR 109 Kernel Holdings Pty Ltd v Rothmans of Pall Mall (Australia) Pty Ltd (Federal Court of Australia, French J, 3 September 1991, unreported) Ratcliffe v Evans (1892) 2 QB 542 Charlie Carter Pty Ltd v The Shop, Distributive and Allied Employees' Association of Western Australia (1987) 13 FCR 413 H 1976 Nominees Pty Ltd v Galli (1979) 40 FLR 242 DECISION : (1) The plaintiff is to file and serve a further amended statement of claim within 21 days; (2) The third and fourth defendants are to pay the costs of the notice of motion. The plaintiff is to pay the costs thrown away by the minor amendments made in the further amended statement of claim.
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