Wilson v Chambers & Co Pty Ltd

38 CLR 131
1926 - 0608A - HCA

(Judgment by: Rich J)

Between: Wilson
And: Chambers & Co Pty Ltd

Court:
High Court of Australia

Judges: Knox CJ
Isaacs J
Higgins J

Rich J
Starke J

Subject References:
TAXATION AND REVENUE
Customs duties
Failure to pay duty
Intention to defraud revenue

Legislative References:
Customs Act 1901 (Cth) No 6 - The Act

Hearing date: 17-18 November 1925 (Sydney)
Judgment date: 8 June 1926

Melbourne


Judgment by:
Rich J

I concur in the conclusions arrived at by the Court. I do not consider it expedient to attempt an exhaustive definition of s. 234 (a). The fact that the Customs officer at Port Kembla, after he had secured a guarantee in the prescribed form, allowed the ship to sail for Melbourne with the ship's stores unsealed, removes the case from the operation of the sub-section.