CEO OF CUSTOMS v. PHAM & ANOR [2003] NSWSC 971

New South Wales Supreme Court

CITATION : CEO OF CUSTOMS v. PHAM & ANOR [2003] NSWSC 971 HEARING DATE(S) : Tuesday 21 October 2003 JUDGMENT DATE : 21 October 2003 JURISDICTION: Civil JUDGMENT OF : Greg James J at 1 DECISION : Motion dismissed. I order the defendant to pay the plaintiff's costs of the motion. Stand over to the status conference list on 2 December 2003

CATCHWORDS : Customs prosecution - proceeding to recover pecuniary penalties - offences against laws of the Commonwealth - whether should be commenced by indictment - whether trial by jury constitutionally necessary - whether jury trial should be ordered in discretion - application dismissed. Customs Act 1901 (Cth) Judiciary Act 1903 (Cth) LEGISLATION CITED : Supreme Court Act 1970 Courts Legislation Amendment (Civil Juries) Act 2001 Evidence Act 1995 Jury Act 1977 CEO of Customs v. Labrador Liquor Wholesale Pty. Limited [2003] HCA 49 The Queen v. Federal Court of Bankruptcy; ex parte Lowenstein (1938) 59 CLR 556 CASES CITED : Kinswell (1985) 159 CLR 264 re Colina; ex parte Torney (1999) 200 CLR 386 Comptroller-General of Customs v. D'Aquino Brothers Pty. Limited (1996) 135 ALR 649 Evans v. Lynch [1984] 3 NSWLR 567 PARTIES : CHIEF EXECUTIVE OFFICER OF CUSTOMS v. PHAM, Vinh Phat & ANOR FILE NUMBER(S) : SC No. 20979 of 2001 COUNSEL : Plaintiff: R. Bromwich Defendant: M. Robinson/R.Nair SOLICITORS : Plaintiff: Australian Government Solicitor Defendant: Burn & Swift