Convery, J.A. & Anor v. Ziino, C. [1985] FCA 644

Convery, J.A. & Anor v. Ziino, C. [1985] FCA 644

The yacht was not used in the conveyance of the goods within the meaning of s.229(1)(j) of the Customs Act 1901, as the facts were materially different from those in Forbes and there was no immediate preparation for departure or imminent use of the yacht to convey the goods.

Parties
First Applicant: Jennifer Ann Convery; Second Applicant: Anthony John Lund; Respondent: Christopher Ziino
Jurisdiction
Australia
Judgment Date
20 December 1985
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application allowed
Legal Topics
Judicial Review, Forfeiture of Property, Customs Law
Administrative Law Judicial Review Forfeiture of Property Customs Law

Case Brief

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Parties

Jennifer Ann Convery

First Applicant

Anthony John Lund

Second Applicant

Christopher Ziino

Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the yacht was used in the conveyance of goods within the meaning of s.229(1)(j) of the Customs Act 1901

Ratio Decidendi

The yacht was not used in the conveyance of the goods within the meaning of s.229(1)(j) of the Customs Act 1901, as the facts were materially different from those in Forbes and there was no immediate preparation for departure or imminent use of the yacht to convey the goods.

Court Disposition

Application allowed

Orders

  • The decision of the respondent is set aside.
  • The yacht is to be returned to the applicants forthwith.