Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd
[2006] QSC 4
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Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd [2006] QSC 4
JUDGE(S):
Fryberg J
DELIVERED ON:
06 February 2005
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Editorial Notes
Published Case Name:
Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd & Others
Shortened Case Name:
Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd
MNC:
[2006] QSC 4
Court:
QSC
Judge(s):
Fryberg J
Date:
06 Feb 2005
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QSC 4 (2006) 62 ATR 424
06 Feb 2005
Claim by Customs for convictions under Customs Act and Excise Act for evading customs or excise duty on goods delivered into home consumption by falsely pretending they were being exported; satisfied of guilt on all charges beyond reasonable doubt: Fryberg J.
Primary Judgment
[2006] QSC 40 (2006) 62 ATR 494
15 Mar 2006
Penalties arising from convictions of charges against the Customs Act and Excise Act; penalties imposed and ordered that failure to pay results in imprisonment for specified term: Fryberg J.
QCA Interlocutory Judgment
[2006] QCA 104
10 Apr 2006
Application to extend stay of execution of orders made on 15 March 2006; application not opposed; stay extended for 35 days: McMurdo P.
QCA Interlocutory Judgment
[2006] QCA 166
19 May 2006
Application for stay of orders made on 15 March 2006; stay so ordered on certain conditions, which was not opposed: Jerrard JA.
Appeal Determined (QCA)
[2006] QCA 558 (2006) 65 ATR 547
22 Dec 2006
Appeal against conviction and sentences arising from convictions under Customs Act and Excise Act regarding shipment of liquor and cigarettes to Fiji and Honiara; primary judge was clearly justified in drawing the inference that the goods had been delivered for home consumption; allow the appeal against conviction only to correct error; appeal against sentence dismissed: de Jersey CJ, Williams and Jerrard JJA (Jerrard JA dissenting in part).
Appeal Determined (QCA)
[2007] QCA 1
19 Jan 2007
Application for a stay of primary judge orders following [2006] QCA 558 pending determination of special leave application; not satisfied that there is an arguable case such as to warrant a stay of any of the orders of primary judge: Holmes JA.
Appeal Determined (QCA)
[2007] QCA 35
09 Feb 2007
Amendment to orders made on 22 December 2006 pursuant to slip rule: de Jersey CJ, Williams and Jerrard JJA.
Appeal Determined (QCA)
[2007] QCA 79
16 Mar 2007
Application for costs following judgment given on 22 December 2006 as amended on 9 February 2007; costs under Cutoms Act and Excise Act follow same discretion under UCPR; appellant pay 75% of respondent's costs to be assessed: de Jersey CJ, Williams and Jerrard JJA.
Application for Special Leave (HCA)
[2007] HCATrans 3
25 Jan 2007
Application for stay of execution of orders pending determination of special leave; balance of convenience favours applicants; stay on execution of warrants issued and special leave application expedited: Hayne J.
Special Leave Refused (HCA)
[2007] HCATrans 102
02 Mar 2007
Special leave refused; point concerning constitutional invalidity is one about whether the provisions of federal law for proof of issues by reliance on averments is valid or is inconsistent with the constitutional functions reserved to the judicature in the exercise of federal jurisdiction; based on unchallenged findings of fact, question may not arise for determination: Kirby, Hayne and Crennan JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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