NSW Caselaw
New South Wales Supreme Court
CITATION : CEO Customs v Afiouny & Anor [2007] NSWSC 724
HEARING DATE(S) : 27 June 2006
JUDGMENT DATE : 6 July 2007
JURISDICTION : Common Law Division
JUDGMENT OF : Studdert J
DECISION : As against the first defendant, Abdul Wahid Afiouny: (1) The proceedings against the first defendant are dismissed. (2) I order that the plaintiff pay the first defendant's costs. As against the second defendant, Bilal Afiouny: (1) Bilal Afiouny is convicted of the offence charged against him under s233(1)(a) of the Customs Act. (2) Pursuant to s233AB(1)(a), I impose a penalty of $348,060 for that offence. (3) Bilal Afiouny is convicted of the offence charged under s234(1)(a) of the Customs Act. (4) Pursuant to s234(2)(a)(i), I impose a penalty of $1,397,940 for that offence. (5) Bilal Afiouny is convicted of the offence charged under s234(1)(d) of the Customs Act. (6) Pursuant to s234(2)(c), I impose a penalty of $1425 for that offence. (7) Pursuant to s263 of the Customs Act, I order that the second defendant pay the plaintiff's costs in the sum of $10,000. (8) As a consequence of the above orders, the second defendant is ordered to pay to the plaintiff an aggregate pecuniary penalty of $1,747,425 together with costs in the sum of $10,000.
Customs Act LEGISLATION CITED : Crimes Act (Cth) Uniform Civil Procedure Act
CEO Customs v Afiouny & Anor [2007] NSWSC 497 Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Limited (2004) 216 CLR 161 L. Vogel & Son Pty Ltd v Anderson (1966) 120 CLR 157 Controller General of Customs v Wong & Rizoli Pty Ltd (1998) 103 A Crim R 491 Minister of State for Customs and Excise v H.F. Trading Co Pty Ltd (1973) 47 ALJR 198 CASES CITED : Ohn v Walton (1995) 36 NSWLR 77 Bullock v London General Omnibus Co (1907) 1 KB 264 Sanderson v Blyth Theatre Co (1903) 2 KB 533 Gould v Vaggelas (1983-85) 157 CLR 215 Almeida v Universal Dye Works Pty Ltd & Ors [2001] NSWCA 156 Roads and Traffic Authority & Ors v Palmer [2005] NSWCA 140
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