Queensland Judgments
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Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd[2006] QCA 558

Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd[2006] QCA 558

CITATION: Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd [2006] QCA 558
JUDGE(S): de Jersey CJ, Williams JA, Jerrard JA
DELIVERED ON: 22 December 2006
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Editorial Notes

  • Published Case Name:

    Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd & Ors

  • Shortened Case Name:

    Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd

  • MNC:

    [2006] QCA 558

  • Court:

    QCA

  • Judge(s):

    de Jersey CJ, Williams JA, Jerrard JA

  • Date:

    22 Dec 2006

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QSC 4 (2006) 62 ATR 42406 Feb 2005Claim 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 49415 Mar 2006Penalties 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 10410 Apr 2006Application 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 16619 May 2006Application 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 54722 Dec 2006Appeal 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 119 Jan 2007Application 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 3509 Feb 2007Amendment to orders made on 22 December 2006 pursuant to slip rule: de Jersey CJ, Williams and Jerrard JJA.
Appeal Determined (QCA)[2007] QCA 7916 Mar 2007Application 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 325 Jan 2007Application 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 10202 Mar 2007Special 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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