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First applicant applied for order condemning vehicles seized under s 9 of Crimes Act 1914 (Cth); whether reasonable grounds to believe vehicles forfeited under s 116(1)(e) of Excise Act 1901 (Cth) due to being unlawfully involved in conveying tobacco leaf; ordered that vehicles be condemned
Primary Judgment
[2001] QDC 93
29 May 2001
First applicant applied to strike out respondent's appeal against order condemning vehicles; whether respondent's appeal beyond jurisdiction and therefore incompetent; where no right of appeal under Crimes Act; application granted and respondent's appeal struck out: Wall QC DCJ
Primary Judgment
[2001] QDC 323
05 Dec 2001
Respondent's appeal remitted for determination on the merits; whether knowledge of innocent owners needed to be proved and whether proceeding was an excise prosecution required to be instituted by Chief Executive of Customs; appeal dismissed: Wall QC DCJ
Appeal Determined (QCA)
[2001] QCA 391 [2002] 2 Qd R 560
21 Sep 2001
Respondent appealed against [2001] QDC 93; whether application before Magistrate was an "action" giving rise to right of appeal within meaning of s 45(1) of Magistrates Courts Act 1921 (Qld); appeal allowed, orders in [2001] QDC 93 set aside and matter remitted to District Court for determination according to law: Davies, Thomas and Williams JJA
Appeal Determined (QCA)
[2002] QCA 86
18 Mar 2002
Respondent applied for adjournment of his application for leave to appeal against [2001] QDC 323; where respondent suffering from health issues; application for leave to appeal adjourned to a date to be fixed: M McMurdo P, Muir and Philippides JJ
Appeal Status
Appeal Determined (QCA)
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