commonwealth
Page 1
Malayan Law Journal Reports/1990/Volume 1/COMMONWEALTH OF AUSTRALIA v MIDFORD
(MALAYSIA) SDN BHD & ANOR - [1990] 1 MLJ 475 - 9 February 1990
4 pages
[1990] 1 MLJ 475
COMMONWEALTH OF AUSTRALIA v MIDFORD (MALAYSIA) SDN BHD & ANOR
SUPREME COURT (KUALA LUMPUR)
HASHIM YEOP A SANI CJ (MALAYA), MOHAMED YUSOFF AND GUNN CHIT TUAN SCJJ
CRIMINAL APPEAL NO 05-45-89
9 February 1990
Criminal Procedure -- Search and seizure -- Application for order to return documents and to restrain from conducting any further illegal searches and seizures -- Documents seized by officers of Australian Customs
Service with the help of officer of Royal Customs, Malaysia -- Whether High Court can grant relief by way of injunction in criminal cause or matter -- Plea of sovereign immunity -- Doctrine of restrictive immunity -- Acts not done within trading or commercial activity of foreign state -- Doctrine of sovereign immunity applicable
International Law -- Foreign states -- Immunity from jurisdiction -- Doctrine of restrictive immunity -- Seizure of documents by customs officers of Australia -- Acts not done within trading or commercial activity of foreign state -- Application of doctrine of sovereign immunity -- Certificate from Ministry of Foreign Affairs
Civil Law Act -- Common law -- Development of after 1956 -- Civil Law Act 1956, s 3
In this case, officers of the Australian Customs Service with the assistance of an officer of the Royal Customs, Malaysia had seized certain documents and files and copies of documents belonging to the respondent. The respondent had applied for an order that the documents seized be returned to them and that the
Director-General of Royal Customs, Malaysia and the Commonwealth of Australia and their servants/agents be restrained from conducting any further illegal searches or seizures on the premises of the respondents.
The High Court made the orders, Anuar J holding that the Commonwealth of Australia was not entitled to
pure
Malayan Law Journal Reports/1990/Volume 1/COMMONWEALTH OF AUSTRALIA v MIDFORD
(MALAYSIA) SDN BHD & ANOR - [1990] 1 MLJ 475 - 9 February 1990
4 pages
[1990] 1 MLJ 475
COMMONWEALTH OF AUSTRALIA v MIDFORD (MALAYSIA) SDN BHD & ANOR
SUPREME COURT (KUALA LUMPUR)
HASHIM YEOP A SANI CJ (MALAYA), MOHAMED YUSOFF AND GUNN CHIT TUAN SCJJ
CRIMINAL APPEAL NO 05-45-89
9 February 1990
Criminal Procedure -- Search and seizure -- Application for order to return documents and to restrain from conducting any further illegal searches and seizures -- Documents seized by officers of Australian Customs
Service with the help of officer of Royal Customs, Malaysia -- Whether High Court can grant relief by way of injunction in criminal cause or matter -- Plea of sovereign immunity -- Doctrine of restrictive immunity -- Acts not done within trading or commercial activity of foreign state -- Doctrine of sovereign immunity applicable
International Law -- Foreign states -- Immunity from jurisdiction -- Doctrine of restrictive immunity -- Seizure of documents by customs officers of Australia -- Acts not done within trading or commercial activity of foreign state -- Application of doctrine of sovereign immunity -- Certificate from Ministry of Foreign Affairs
Civil Law Act -- Common law -- Development of after 1956 -- Civil Law Act 1956, s 3
In this case, officers of the Australian Customs Service with the assistance of an officer of the Royal Customs, Malaysia had seized certain documents and files and copies of documents belonging to the respondent. The respondent had applied for an order that the documents seized be returned to them and that the
Director-General of Royal Customs, Malaysia and the Commonwealth of Australia and their servants/agents be restrained from conducting any further illegal searches or seizures on the premises of the respondents.
The High Court made the orders, Anuar J holding that the Commonwealth of Australia was not entitled to
pure