NSW Caselaw
New South Wales Supreme Court
CITATION : Chief Executive Officer of Customs v Pham [2006] NSWSC 285
HEARING DATE(S) : 20 February 2006 JURISDICTION : Civil
JUDGMENT OF : McClellan CJatCL
EX TEMPORE JUDGMENT DATE : 02/20/2006
DECISION : 1. Defendants' motion dismissed; 2. Defendants to pay the plaintiff's costs.
CATCHWORDS : CUSTOMS ACT - motion for permanent stay of proceedings - evasion of customs duty - alleged involvement in cigarette importation - tape of conversations made during customs officials' execution of search warrant - whether denied opportunity of tendering evidence consistent with innocence - whether abuse of process sufficient to result in unfair trial
LEGISLATION CITED : Customs Act 1901
Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Limited (2004) 216 CLR 161 Commonwealth Service Delivery Agency v Bourke (1999) 75 SASR 299 Duncan & Anor v Crews & Ors (2001) 161 FLR 250 CASES CITED : Holmden v Bitar (1987) 75 ALR 522 Jago v District Court (NSW) (1989) 168 CLR 23 R v Lord and Fraser [1983] Crim LR 191 R v Ulman-Naruniec (2003) A Crim R 531
PARTIES : Chief Executive Officer of Customs (Pltf) Vinh Phat Pham (Def)
FILE NUMBER(S) : SC 20979/01
COUNSEL : R Bromwich (Pltf) M Robinson/R Nair (Def)
SOLICITORS : Australian Government Solicitor (Pltf) Burn & Swift (Def)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
McCLELLAN CJ at CL
MONDAY 20 FEBRUARY 2006
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