Unlimited Business Consultants (Qld) Pty Ltd ACN 098 523 490 v; Commissioner, Australian Federal Police

Case [2003] FCA 707

FEDERAL COURT OF AUSTRALIA

Unlimited Business Consultants (Qld) Pty Ltd ACN 098 523 490 v
Commissioner, Australian Federal Police [2003] FCA 707

UNLIMITED BUSINESS CONSULTANTS (QLD) PTY LTD ACN 098 523 490, FLYING FIGHTERS PTY LTD ACN 067 895 005, FLYING FIGHTERS MAINTENANCE & RESTORATION PTY LTD ACN 087 084 197 and FLYING FIGHTER ADVENTURES PTY LTD ACN 065 734 198,  AVIATION WELDING AUSTRALIA PTY LTD ACN 010 374 428 AND GEOFF KLOOGER AND ASSOCIATES v THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE, R. QUINLAN, MICHAEL CHARLES PETTY, KIM JANELLE DWYER, MICHELLE GEAR AND MICHAEL JOHN HAWTHORNE

Q 73 OF 2003

DOWSETT J
17 JUNE 2003
BRISBANE


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 73 OF 2003

BETWEEN:

UNLIMITED BUSINESS CONSULTANTS (QLD) PTY LTD ACN 098 523 490
FIRST APPLICANT

FLYING FIGHTERS PTY LTD ACN 067 895 005, FLYING FIGHTERS MAINTENANCE & RESTORATION PTY LTD ACN 087 084 197 and FLYING FIGHTER ADVENTURES PTY LTD ACN 065 734 198
SECOND APPLICANTS

AVIATION WELDING AUSTRALIA PTY LTD
ACN 010 374 428
THIRD APPLICANT

GEOFF KLOOGER AND ASSOCIATES
FOURTH APPLICANT

AND:

THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE
FIRST RESPONDENT

R. QUINLAN
SECOND RESPONDENT

MICHAEL CHARLES PETTY
THIRD RESPONDENT

KIM JANELLE DWYER
FOURTH RESPONDENT

MICHELLE GEAR
FIFTH RESPONDENT

MICHAEL JOHN HAWTHORNE
SIXTH RESPONDENT

JUDGE:

DOWSETT J

DATE OF ORDER:

17 JUNE 2003

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.        The application for leave to appeal be refused.

2.        The applicants pay the respondents’ costs of these proceedings.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 73 OF 2003

BETWEEN:

UNLIMITED BUSINESS CONSULTANTS (QLD) PTY LTD ACN 098 523 490
FIRST APPLICANT

FLYING FIGHTERS PTY LTD ACN 067 895 005, FLYING FIGHTERS MAINTENANCE & RESTORATION PTY LTD ACN 087 084 197 and FLYING FIGHTER ADVENTURES PTY LTD ACN 065 734 198
SECOND APPLICANTS

AVIATION WELDING AUSTRALIA PTY LTD
ACN 010 374 428
THIRD APPLICANT

GEOFF KLOOGER AND ASSOCIATES
FOURTH APPLICANT

AND:

THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE
FIRST RESPONDENT

R. QUINLAN
SECOND RESPONDENT

MICHAEL CHARLES PETTY
THIRD RESPONDENT

KIM JANELLE DWYER
FOURTH RESPONDENT

MICHELLE GEAR
FIFTH RESPONDENT

MICHAEL JOHN HAWTHORNE
SIXTH RESPONDENT

JUDGE:

DOWSETT J

DATE:

17 JUNE 2003

PLACE:

BRISBANE

REASONS FOR JUDGMENT

  1. The proper construction of s 227 of the Proceeds of Crime Act 2002 (Cth) is a matter of some importance, however I doubt whether this is an appropriate vehicle for testing it. The application is for interlocutory relief, and the applicants have failed primarily because of their inability to demonstrate any substantial detriment. In those circumstances, I consider that there would be virtually no prospects of success on an appeal from my refusal of interlocutory relief. I will therefore refuse leave.

  2. I order the applicants to pay the respondents’ costs of these proceedings. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:            23 July 2003

Counsel for the First, Second, Third and Fourth Applicants:

W Sofronof QC and L Bowden

Solicitor for the First, Second, Third and Fourth Applicants:

Hawthorn Cuppaidge & Badgery

Counsel for the First, Third, Fourth, Fifth and Sixth Respondents:

M Griffin SC

Solicitor for the First, Third, Fourth, Fifth and Sixth Respondents:

Commonwealth Director of Public Prosecutions

Counsel for the Second Respondent:

The Second Respondent did not appear.

Date of Hearing:

17 June 2003

Date of Judgment:

17 June 2003
Details
AGLC
Unlimited Business Consultants (Qld) Pty Ltd ACN 098 523 490 v; Commissioner, Australian Federal Police [2003] FCA 707
Case
[2003] FCA 707
Decision Date

CaseChat Overview and Summary

The applicants, Unlimited Business Consultants (Qld) Pty Ltd, sought leave to appeal a decision that dismissed their application for a declaration and an injunction against the respondents, the Commissioner of the Australian Federal Police. The Federal Court of Australia considered the application and was required to decide whether leave to appeal should be granted. The legal issues involved the assessment of the merits of the application and whether there were grounds for appeal that were of sufficient merit to warrant leave.

The court examined the grounds for the appeal and found that the applicants' submissions did not establish that the primary judge erred in law or failed to properly consider relevant material. The court held that the applicants' claims were speculative and that there was no evidence to support their contentions regarding the alleged improper conduct by the respondents. The court concluded that the application did not meet the threshold for leave to appeal as the prospects of success were minimal and the appeal would not serve the interests of justice. Consequently, the application for leave to appeal was refused, and the applicants were ordered to pay the respondents’ costs of these proceedings.

Orders

Orders of the court

1. The application for leave to appeal be refused.

2. The applicants pay the respondents’ costs of these proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

DOWSETT J

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Ratio Decidendi

Legal Principle Established

Established by: DOWSETT J

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