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Administrative law ” review ” on grounds of unreasonableness ” Director of Customs & Excise assessing duty and imposing a fine ” duty being reduced after representations ” failure to reduce fine proportionately grossly unreasonable
Goods had been seized by the Department of Customs and Excise in respect of unpaid customs duty. The amount of duty owing had been assessed by the Director and a penalty had also been imposed, equivalent to 80% of the duty. The duty payable had subsequently been re-assessed and had been reduced to some 35% of the original figure, but the penalty had not been reduced proportionately to the duty now payable. The applicants applied to the court to set aside the Director's determination of the amount of the fine.
Held, that the court could set aside the Director's determination of the penalty fine if it were shown that the Director acted mala fide or out of ulterior motives or that he came to a decision which is outrageous in its defiance of logic or accepted moral standards.
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