CEO Customs v Afiouny & Anor [2004] NSWSC 79

CEO Customs v Afiouny & Anor [2004] NSWSC 79

The Court is bound by the High Court decision in Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd, which confirms that Customs prosecutions, even when criminal standards of proof are applicable, are to be proceeded with in accordance with usual civil procedure. The defendants' application to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 February 2004
Procedural Posture
Customs Prosecution / Interlocutory Applications: Motions to Strike Out, Sever Actions, Declarations Concerning Pleading, and Summary Judgment
Outcome
Defendants' notice of motion dismissed. Plaintiff's notice of motion dismissed by consent. Costs orders reserved and/or conditionally ordered.
Legal Topics
['procedure Under S 247 Customs Act' 'practice and Procedure in Customs Prosecutions' 'joinder of Defendants' 'standard of Proof in Customs Prosecutions' 'civil Versus Criminal Procedure' 'abuse of Process']
['customs Law' 'criminal Law' 'civil Procedure'] ['procedure Under S 247 Customs Act' 'practice and Procedure in Customs Prosecutions' 'joinder of Defendants' 'standard of Proof in Customs Prosecutions' 'civil Versus Criminal Procedure' 'abuse of Process']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Customs Prosecution / Interlocutory Applications: Motions to Strike Out, Sever Actions, Declarations Concerning Pleading, and Summary Judgment

Legal Issues

  1. 1 ['Whether proceedings should be conducted according to civil procedure as set out in s 247 of the Customs Act' 'Whether procedural fairness is compromised by applying civil procedure where criminal standards of proof apply' 'Whether joinder of defendants and case management rules offend substantive criminal law rights' 'Whether proceedings are an abuse of process by being conducted under civil rules']

Ratio Decidendi

The Court is bound by the High Court decision in Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd, which confirms that Customs prosecutions, even when criminal standards of proof are applicable, are to be proceeded with in accordance with usual civil procedure. The defendants' application to strike out or alter procedure fails as civil procedure is mandated by s 247 of the Customs Act.

Court Disposition

Defendants' notice of motion dismissed. Plaintiff's notice of motion dismissed by consent. Costs orders reserved and/or conditionally ordered.

Orders

  • ["Order that the plaintiff's notice of motion filed 26 November 2002 be dismissed." 'Reserve the costs of that notice of motion.' "Order that the defendants' notice of motion filed 3 December 2002 be dismissed." 'Order that, unless the defendants make application to the contrary within 7 days, the defendants pay the...