CEO Customs v CHS Enterprises Pty Ltd & 3 Ors No 2 [2008] NSWSC 47

CEO Customs v CHS Enterprises Pty Ltd & 3 Ors No 2 [2008] NSWSC 47

The Court refused to permit further amendment after the hearing because the relevant facts had long been known and finality in Customs prosecutions was important. On the pleadings and evidence, AK Unicargo and Mr Lam were directly involved in organising and obtaining export clearances and bills of lading and were directly concerned in the relevant Customs and trade description offences for export shipments 2, 3 and 4. Penalties were fixed by reference to the seriousness of knowingly conveying untrue country-of-origin information, the absence of avoided Australian duty, the respondents' roles, financial circumstances, course of conduct, deterrence and totality.

Jurisdiction
Australia
Judgment Date
13 February 2008
Procedural Posture
Customs Prosecutions for Pecuniary Penalties / Sentence; Further Argument on Export Shipments 2, 3 and 4, Penalties and Costs
Outcome
CHS Enterprises Pty Ltd, Robin Hu, AK Unicargo Pty Limited and Pia Lam were convicted of the offences detailed in the judgment; penalties and costs orders were imposed.
Legal Topics
['accessorial Liability' 'false or Misleading Statements to Customs' 'false Trade Descriptions' 'pecuniary Penalties' 'totality Principle' 'costs Assessment']
['customs Law' 'criminal Law' 'trade Descriptions' 'sentencing' 'costs'] ['accessorial Liability' 'false or Misleading Statements to Customs' 'false Trade Descriptions' 'pecuniary Penalties' 'totality Principle' 'costs Assessment']

Case Brief

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 Prosecutions for Pecuniary Penalties / Sentence; Further Argument on Export Shipments 2, 3 and 4, Penalties and Costs

Legal Issues

  1. 1 ['Whether the Amended Summons or Amended Statement of Claim should be further amended after the hearing, addresses and reservation of judgment.' 'Whether AK Unicargo and Mr Lam were directly concerned in offences under s 234(1)(d)(i) of the Customs Act and s 12(1)(b) of the Commerce (Trade Descriptions) Act 1905 for export shipments 2, 3 and 4.' 'What penalties should be imposed on CHS Enterprises Pty Ltd, Robin Hu, AK Unicargo and Pia Lam.' 'What orders for costs and disbursements should be made.']

Ratio Decidendi

The Court refused to permit further amendment after the hearing because the relevant facts had long been known and finality in Customs prosecutions was important. On the pleadings and evidence, AK Unicargo and Mr Lam were directly involved in organising and obtaining export clearances and bills of lading and were directly concerned in the relevant Customs and trade description offences for export shipments 2, 3 and 4. Penalties were fixed by reference to the seriousness of knowingly conveying untrue country-of-origin information, the absence of avoided Australian duty, the respondents' roles, financial circumstances, course of conduct, deterrence and totality.

Court Disposition

CHS Enterprises Pty Ltd, Robin Hu, AK Unicargo Pty Limited and Pia Lam were convicted of the offences detailed in the judgment; penalties and costs orders were imposed.

Orders

  • ['CHS Enterprises Pty Limited was fined $2,500 for Entry 1 offences under s 234(1)(d)(i) of the Customs Act and s 9(1) of the Commerce (Trade Descriptions) Act, $2,000 for Entry 2 under s 234(1)(d)(ii) of the Customs Act, and $2,500 for Export Clearance 1 offences under s 234(1)(d)(i) of the Customs Act and s 12(1)...