Court of Appeal (Qld)|2006-04-10|Before: Liquor Wholesale P, Fryberg J, Murdo P

Labrador Liquor Wholesale P/L & Ors v Chief Executive Officer of Customs [2006] QCA 104 (10 April 2006)

CHIEF EXECUTIVE OFFICER OF CUSTOMS Respondent (Plaintiff)

JEFFREY ANDREW JOHN BRYCE Third Appellant (Defendant)

MR N SIMMONS (of Australian Government Solicitor) for the respondent

THE PRESIDENT: The appellants were convicted on 6 February 2006 in the Supreme Court of offences against the Customs Act 1901 (Cth) and the Excise Act 1901 (Cth). On 15 March 2006 the primary judge gave his decision on penalty, fining the appellants an amount in excess of $5 million and ordering them to make reparation to the Commonwealth in the amount of $1 million. In addition, the primary judge ordered that in default of payment of penalty the second and third appellants be imprisoned for five years. His Honour ordered that the execution of paragraphs 1 to 4 of those orders be stayed for 28 days.

Notices of appeal were filed in respect of the first order in February 2006 and in respect of the second orders on 6 April 2006.

THE PRESIDENT: The appellants instructed new solicitors and counsel on 22 February 2006, between the times of the two orders made by the primary judge. There has been some difficulty in the new legal representatives obtaining all documents related to the relevant hearing, which has a complex history over many years and which took place over 16 days.

The appellants today seek an extension of an additional 35 days of the primary judge's order of 15 March 2006 staying the execution of his orders to enable all outstanding documents to be obtained and collated, so that they can bring a full application for a stay of the execution of those orders pending the hearing of the appeals.

The respondent very fairly does not oppose the application and does not contend it will suffer any detriment from the granting of the interim stay orders sought by the appellants.

In those circumstances I am satisfied I should grant the interim orders sought. I order that the execution of paragraphs 1 to 4 of those orders made by Justice Fryberg on

15 March 2006 be stayed for a further period of 35 days.

THE PRESIDENT: The second order is that the costs of this application are reserved.

Labrador Liquor Wholesale P/L & Ors v Chief Executive Officer of Customs [2006] QCA 104

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Judgment (13 paragraphs)

Labrador Liquor Wholesale P/L & Ors v Chief Executive Officer of Customs [2006] QCA 104 (10 April 2006)

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