FEDERAL COURT OF AUSTRALIA
Sidebottom v Giuliano [2002] FCA 1262
RAYMOND LESLIE SIDEBOTTOM & ORS v EMMANUEL GIULIANO
V 12 of 2002
GOLDBERG J
15 OCTOBER 2002
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 12 of 2002
BETWEEN:
RAYMOND LESLIE SIDEBOTTOM
First ApplicantKELVIN ERNEST SIDEBOTTOM
Second ApplicantRPM COMMODITIES PTY LTD
Third ApplicantGV LIQUID TANKERS PTY LTD
Fourth ApplicantAUSTRALIAN PETROLEUM SUPPLIES PTY LTD
Fifth ApplicantAND:
EMMANUEL GIULIANO
Respondent
JUDGE:
GOLDBERG J
DATE:
15 OCTOBER 2002
PLACE:
MELBOURNE
CORRIGENDUM
In the reasons for judgment delivered 15 October 2002, counsel for the applicant should read “Ms M Lodge”, not “Ms B Lodge”.
VERITY QUINN
Associate to Justice Goldberg
15 October 2002FEDERAL COURT OF AUSTRALIA
Sidebottom v Giuliano [2002] FCA 1262
TAXATION – review of decisions by Collector to issue demands pursuant to s 60(1) Excise Act 1901 (Cth) – where prosecution proceeding already on foot in respect of same excisable goods – where reparation of duty pursuant to s 21B Crimes Act 1914 (Cth) sought in prosecution proceeding – whether prosecution proceeding and recovery proceeding pursuant to a demand constituted two mutually exclusive regimes for the collection of duty under the Excise Act 1901 (Cth) – whether demands made for an improper purpose – whether demands could be said to be made for the protection of revenue – whether making of demands was unreasonable or otherwise unfair.
Excise Act 1901 (Cth): s 60
Sidebottom v Commissioner of Taxation (1999) 95 FCR 255, referred to
Collector of Customs (NSW) v Southern Shipping Co Ltd (1962) 107 CLR 279, considered
Sidebottom v Giuliano (2000) 98 FCR 579, applied
Cubillo v Commonwealth (2001) 112 FCR 455, applied
Pickering v Deputy Commissioner of Taxation (1997) 37 ATR 41, referred to
Bellinz vCommissioner of Taxation (1998) 84 FCR 154, referred to
Laker Airways Limited v Department of Trade [1977] 1 QB 643, referred toRAYMOND LESLIE SIDEBOTTOM & ORS v EMMANUEL GIULIANO
V 12 of 2002
GOLDBERG J
15 OCTOBER 2002
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 12 of 2002
BETWEEN:
RAYMOND LESLIE SIDEBOTTOM
First ApplicantKELVIN ERNEST SIDEBOTTOM
Second ApplicantRPM COMMODITIES PTY LTD
Third ApplicantGV LIQUID TANKERS PTY LTD
Fourth ApplicantAUSTRALIAN PETROLEUM SUPPLIES PTY LTD
Fifth ApplicantAND:
EMMANUEL GIULIANO
RespondentJUDGE:
GOLDBERG J
DATE OF ORDER:
15 OCTOBER 2002
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The applicants pay the respondent’s costs of and incidental to the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 12 of 2002
BETWEEN:
RAYMOND LESLIE SIDEBOTTOM
First ApplicantKELVIN ERNEST SIDEBOTTOM
Second ApplicantRPM COMMODITIES PTY LTD
Third ApplicantGV LIQUID TANKERS PTY LTD
Fourth ApplicantAUSTRALIAN PETROLEUM SUPPLIES PTY LTD
Fifth ApplicantAND:
EMMANUEL GIULIANO
Respondent
JUDGE:
GOLDBERG J
DATE:
15 OCTOBER 2002
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
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- Case
- [2002] FCA 1262
- Decision Date
CaseChat Overview and Summary
The court found that the applicants were unable to identify any purpose for the demands other than the protection of revenue, and rejected their argument that the revenue was already protected by a separate Supreme Court proceeding. The court further examined whether the decisions to make the demands were unreasonable or unfair under the Wednesbury test, which requires a decision to be so unreasonable that no reasonable person could have come to it. The court found that the statutory criteria for making the demands were met and that the applicants did not contest the Tribunal's findings. Therefore, the decisions to make the demands were not unreasonable or unfair.
In conclusion, the court dismissed the appeal and ordered that the applicants pay the respondent's costs of and incidental to the appeal. This decision reinforces the authority of the Excise Investigation Branch to make demands for excise duty and highlights the importance of meeting statutory criteria when doing so. The court's rejection of the applicants' arguments also serves as a reminder that the protection of revenue is a valid purpose for making such demands, even in the presence of other legal proceedings.
Orders
Orders of the court
1. The appeal be dismissed.
2. The applicants pay the respondent’s costs of and incidental to the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GOLDBERG J
Full text does not contain this section.