Wiedenhofer v Commonwealth [1970] HCA 54

Wiedenhofer v Commonwealth [1970] HCA 54

Because the defendant had delivered a defence out of time which raised substantial issues, there was no basis to treat it as frivolous or filed for delay, and the delay was explained, justice required refusing the plaintiff's motion for judgment and extending time for delivery of the defence. Paragraphs 5, 6 and 7 of the statement of claim were struck out because the plaintiff's prosecution, conviction and the quashing of that conviction were plainly irrelevant to the issues of entitlement to the films and the lawfulness of seizure; neither the Customs Act nor s. 85 of the Judiciary Act made the acquittal or appeal result an estoppel or otherwise relevant.

Jurisdiction
Australia
Procedural Posture
Action Seeking a Declaration That the Plaintiff Is Entitled to Certain Cinematographic Films and Consequential Relief / Plaintiff's Motion for Judgment After Default in Delivery of Defence; Defendant's Motion to Strike Out Parts of the Statement of Claim and Extend Time for Delivery of Defence
Outcome
Plaintiff's motion for judgment refused; defendant granted an extension of time for delivery of the defence and paragraphs 5, 6 and 7 of the statement of claim struck out.
Legal Topics
['default Judgment' 'extension of Time' 'strike Out of Pleadings' 'prohibited Imports' 'forfeiture and Condemnation of Goods' 'relevance of Criminal Acquittal or Quashed Conviction']
['civil Procedure' 'customs Law'] ['default Judgment' 'extension of Time' 'strike Out of Pleadings' 'prohibited Imports' 'forfeiture and Condemnation of Goods' 'relevance of Criminal Acquittal or Quashed Conviction']

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

Action Seeking a Declaration That the Plaintiff Is Entitled to Certain Cinematographic Films and Consequential Relief / Plaintiff's Motion for Judgment After Default in Delivery of Defence; Defendant's Motion to Strike Out Parts of the Statement of Claim and Extend Time for Delivery of Defence

Legal Issues

  1. 1 ['Whether judgment should be entered for the plaintiff because the defendant failed to deliver a defence within time.' 'Whether the defendant should be granted an extension of time for delivery of its defence despite not filing an affidavit of merits.' "Whether paragraphs 5, 6 and 7 of the statement of claim, concerning the plaintiff's prosecution, conviction and successful appeal, were irrelevant and should be struck out." "Whether the quashing of the plaintiff's conviction under the Customs Act created an estoppel or was otherwise relevant to whether the films were rightly seized or whether the plaintiff was entitled to them."]

Ratio Decidendi

Because the defendant had delivered a defence out of time which raised substantial issues, there was no basis to treat it as frivolous or filed for delay, and the delay was explained, justice required refusing the plaintiff's motion for judgment and extending time for delivery of the defence. Paragraphs 5, 6 and 7 of the statement of claim were struck out because the plaintiff's prosecution, conviction and the quashing of that conviction were plainly irrelevant to the issues of entitlement to the films and the lawfulness of seizure; neither the Customs Act nor s. 85 of the Judiciary Act made the acquittal or appeal result an estoppel or otherwise relevant.

Court Disposition

Plaintiff's motion for judgment refused; defendant granted an extension of time for delivery of the defence and paragraphs 5, 6 and 7 of the statement of claim struck out.

Orders

  • ["The plaintiff's motion for judgment is refused." "The defendant must pay the plaintiff's costs of the plaintiff's motion, to be taxed." 'Paragraphs 5, 6 and 7 of the statement of claim are struck out on the grounds that the paragraphs are unnecessary.' 'Time for delivery of the defence is extended to 18th December...