Goben Pty Ltd v The Chief Executive Officer Of Customs & Anor [1997] FCA 228

Goben Pty Ltd v The Chief Executive Officer Of Customs & Anor [1997] FCA 228

There was no inconsistency within the meaning of s.109 of the Constitution between s.58 of the Business Franchise Licences (Tobacco) Act 1987 and ss.30, 33 and/or 153 of the Customs Act 1901 (Cth) in the circumstances of the case; the seizure and custody were carried out with Customs' acquiescence and did not contravene the Commonwealth law.

Jurisdiction
Australia
Judgment Date
09 April 1997
Procedural Posture
Appeal / Judgment on Appeal From Single Judges, After Full Hearing
Outcome
Appeal dismissed
Legal Topics
['inconsistency Between Commonwealth and State Laws' 'statutory Construction' 'revenue Raising Powers' 'seizure and Custody of Goods' 'judicial Review']
['constitutional Law' 'administrative Law'] ['inconsistency Between Commonwealth and State Laws' 'statutory Construction' 'revenue Raising Powers' 'seizure and Custody of Goods' 'judicial Review']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Single Judges, After Full Hearing

Legal Issues

  1. 1 ['Whether s.58 of the Business Franchise Licences (Tobacco) Act 1987 (NSW) is invalid by virtue of the Constitution due to inconsistency with ss.30, 33 and/or 153 of the Customs Act 1901 (Cth)' 'Whether the actions under s.58 constitute unlawful interference with goods subject to Customs control' 'Entitlement to prior notice before seizure of goods']

Ratio Decidendi

There was no inconsistency within the meaning of s.109 of the Constitution between s.58 of the Business Franchise Licences (Tobacco) Act 1987 and ss.30, 33 and/or 153 of the Customs Act 1901 (Cth) in the circumstances of the case; the seizure and custody were carried out with Customs' acquiescence and did not contravene the Commonwealth law.

Court Disposition

Appeal dismissed

Orders

  • ['Appeals dismissed with costs' "Appellant to pay first and second respondents' costs of the appeal and proceedings before Beazley J and Davies J" 'No order as to costs of the New South Wales Attorney-General as intervener']