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McGurk Construction & Rigging Company Ltd v Comptroller-General [1987] FCA 245
Judicial review of a refused import licence for a second-hand crane. The court held importation means entry or landing, and reserved whether a retrospective licence could be granted.
Collector of Customs for NSW v. Putale Pty Ltd [1983] FCA 207
The Full Court dismissed an appeal over customs seizure, holding the imported car body was not a “passenger motor vehicle” under the exception notice.
Putale Pty Ltd v Collector of Customs for New South Wales [1982] FCA 289
The Court held imported Porsche and BMW bodies without engines or gearboxes were unassembled, not assembled, motor vehicles and were not prohibited imports.
Poole v Wah Min Chan [1947] HCA 37
A person may be convicted under s. 233(1)(d) of the Customs Act 1901-1936 for possession of prohibited imports without reasonable excuse, regardless of knowledge that the goods are prohibited imports; the Customs (Import Licensing) Regulations are valid exercises of delegated power under s. 52(g) of the Act, empowering prohibition of importation of any goods unless under licence.
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Keith Henry and Co Pty Ltd v Stuart Walker and Co Pty Ltd [1958] HCA 33
No equitable relief can be granted because the parties were not in a fiduciary relationship; they were engaged in arm's length commercial transactions. The defendant did not misuse the plaintiff's import licenses for any purpose other than the agreed transactional steps, and any benefit received in the allocation of future quotas by the Minister was a matter for ministerial discretion, not equity. The doctrine of Keech v. Sandford does not apply.
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