Full Court Minute Books

Case S91/2018

Comptroller General of Customs v. Zappia

Case No.


Case Information

Lower Court Judgment

19/09/2017 Federal Court of Australia (Davies J, White J, Moshinsky J)

[2017] FCAFC 147


Interpretation – Customs Act 1901 (Cth) s 35A – Where respondent employed as general manager of company operating warehouse – Where cigarettes stolen from warehouse – Where respondent served with notice under s 35A of Act requiring payment of amount of duty payable on stolen cigarettes – Where Administrative Appeals Tribunal dismissed application for review of decision to issue notice – Where Full Federal Court allowed appeal – Whether majority of Full Court erred in holding employee of entity holding license to warehouse dutiable goods not capable of being “person who has, or has been entrusted with, the possession, custody or control of dutiable goods” within meaning of s 35A(1) – Whether majority of Full Court erred in holding that on proper construction of s 35A(1), statutory demand issued by appellant to respondent invalid and of no effect.

Short particulars


21/03/2018 Determination (SLA, Canberra)

04/04/2018 Notice of appeal

09/05/2018 Written submissions (Appellant)

10/05/2018 Chronology (Appellant)

06/06/2018 Written submissions (Respondent)

27/06/2018 Reply

08/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

08/08/2018 Outline of oral argument (Appellant)

08/08/2018 Outline of oral argument (Respondent)

14/11/2018 Judgment (Judgment summary)