Murphy, P.A. & Anor v. Ballarto Pastoral Pty Ltd [1985] FCA 663

Murphy, P.A. & Anor v. Ballarto Pastoral Pty Ltd [1985] FCA 663

The notice of seizure did not evidence an abuse of process, and there was no clear duty to be enforced by mandamus. Furthermore, the stage of proceedings and lack of evidence did not support granting judicial review or directing release of the car on security. The order nisi for mandamus should therefore be discharged.

Parties
First Respondent: Paul A. Murphy, Collector of Customs for the State of New South Wales; Second Respondent: Belan Robinson, an Officer of Customs; Prosecutor: Ballato Pastoral Pty. Limited
Jurisdiction
Australia
Judgment Date
20 December 1985
Procedural Posture
Application for a Writ of Mandamus / Return of Order Nisi; Reasons for Judgment and Final Orders
Outcome
Order nisi for mandamus discharged; costs as ordered.
Legal Topics
Mandamus, Seizure of Goods, Customs Valuation, Judicial Review
Administrative Law Customs Law Mandamus Seizure of Goods Customs Valuation Judicial Review

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Parties

Paul A. Murphy, Collector of Customs for the State of New South Wales

First Respondent

Belan Robinson, an Officer of Customs

Second Respondent

Ballato Pastoral Pty. Limited

Prosecutor

Procedural Posture

Application for a Writ of Mandamus / Return of Order Nisi; Reasons for Judgment and Final Orders

Legal Issues

  1. 1 Whether an order nisi for mandamus should be made absolute or discharged
  2. 2 Whether the notice of seizure by customs was an abuse of process
  3. 3 Whether judicial review of the seizure should be permitted at this stage

Ratio Decidendi

The notice of seizure did not evidence an abuse of process, and there was no clear duty to be enforced by mandamus. Furthermore, the stage of proceedings and lack of evidence did not support granting judicial review or directing release of the car on security. The order nisi for mandamus should therefore be discharged.

Court Disposition

Order nisi for mandamus discharged; costs as ordered.

Orders

  • The order nisi for mandamus be discharged.
  • No order for costs of proceedings relative to the order nisi.