Camacho et Al v Collector of Customs

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Louisy, J.
• Judgment Date: 04 June 1971
• Neutral Citation: AG 1971 HC 4
• Docket Number: No. 2 of 1971
• Date: 04 June 1971

High Court

Louisy, J.

No. 2 of 1971

Camacho et al

and

Collector of Customs

Appearances:

Phillips, Q.C., with L. Bird for applicants

H. Harney, Attorney General, for respondent

Constitutional law - Civil Rights — Discrimination.

Administrative law - Mandamus — Mandamus defined.

Facts: Evidence revealed that the applicants were refused import licences by the collector of customs. The reason given was that the Minister had ordered that certain applicants should not be dealt with. Furthermore other applicants had received their licenses after those of the applicants were turned down.

Facts: The issue was whether the collector of taxes erred in not granting the applicants import licenses. Evidence revealed that the import licenses were not granted to the applicants because the Minister had instructed the Collector of Customs not to handle them.

Held: The fact that other applicants received their licences subsequently did not amount to discrimination unless it was shown that the circumstances of both applications were identified. The Collector of Customs did not treat the applicant in a discriminatory manner. Application denied.

Held: Under the Ordinance it is the Collector of Customs and not the Minister who must decide on applications. His refusal to consider the applications was therefore null and void. Order for Mandamus granted. Court Order that the order be remitted for reconsideration by the collector of Customs.

Louisy, J.

1 This is a motion to the court involving two matters-

• (1) In the matter of the Antigua Constitution Order 1967; and

• (2) In the matter of an application by Camacho & Sons Ltd., Rose Camacho and Robert Camacho for Orders of Mandamus and Prohibition against the Collector of Customs.

2 The motion came before the Court on Thursday, 27 ^th May, 1971 for hearing, the applicants claim the following relief:–

• 1. A declaration that the decision of the Collector of Customs refusing to accede to an application of the 6 ^th day of March, 1971, for an import license is null and void.

• 2. A declaration that the decision of the Collector of Customs refusing to accede to an application of the 12 ^th day of April, 1971, for an import licence is null and void.

• 3. An order directing the Collector of Customs to grant permission to Camacho & Sons Limited to import the clothing for which application was made on the 6 ^th day of March, 1971, or alternatively, directing him to consider and determine the said application according to law.

• 4. An order directing the Collector of Customs to grant permission to Camacho & Sons Limited t import the vegetables for which application was made on the 12 ^th day of April, 1971, or alternatively, directing him to consider and determine the said application according to law.

• 5. An order prohibiting the Collector of Customs from violating the rights of Camacho & Sons Limited, (Rose Camacho and Robert Camacho) to non-discriminatory treatment in relation to his statutory duties.

• 6. Alternatively for an order, that the applications of the 16 ^th day of March, 1971, and the 12 ^th day of April, 1971, be remitted to the Collector of Customs for hearing and determination together with the opinions or directions of the court on-

  • (a) Whether the Collector of Customs was acting lawfully in refusing to accede to the said applications on the direction of the Minister of Trade, Industry and Commerce without bringing his own judgment to bear on the question.

  • (b) Whether the Collector of Customs was acting lawfully in making a decision on the said applications without giving the applicant an opportunity to be heard.

  • (c) Whether the Collector of Customs was acting in violation of section 12 of the Antigua Constitution Order 1967, in proceeding as he did to refuse licences to the company and for detaining the company's property and that of Rose Camacho at the Customs.

  • (d) Whether the Collector of Customs was acting in violation of his duties under the External Trade Ordinance, Cap. 361 in refusing the said applications for licences and whether such action was malicious or willful.

  • (e) Such other matters and things as to the court may seem just.

3 It was supported by two applications from Rose Camacho and from Robert Camacho respectively, the affidavits read as follows:

• (a) I, Rose Camacho of Coolidge in the parish of Saint George in the state of Antigua make oath and say as follows:–

  • 1. I am 64 years old and the widow of Raymond Sylvester Camacho, a British subject born in Antigua, who died on the 4 ^th day of July, 1952.

  • 2. I lived in Antigua from the years 1924 to 1939 and again from 1952 to the present day. Antigua is my home.

  • 3. I started business in Antigua in August, 1957, as a provision merchant under my own name and in the year 1960 I expanded my business to include women and children clothing, baby furniture, trinkets, novelties and tourist items.

  • 4. The clothing aspect of my business became controlled in 1966 and some items of the vegetable business, namely, cabbage, carrots, tomatoes, string beans, onions and potatoes became controlled in 1970. In addition, I dealt in celery, lettuce, radish and escerole and in fruits, namely, apples, pears, grapes, nectarine, peaches and plums.

  • 5. On the 27 ^th day of May, 1965, I incorporated a company by the name of Camacho & Sons Limited and transferred my business to it and gave shares in the company to my two sons one of whom is now deceased. At present my son Robert Camacho, and I are the only shareholders of the company.

  • 6. I have always been the purchasing agent for the company and for this purpose I make regular trips abroad. The purchases are made sometimes in my name and sometimes in the name of the company and are consigned sometimes to me and sometimes to the company.

  • 7. Up to the incorporation of the company I have always received licences to import the controlled items and thereafter the company has always received licences for the same purpose until the 6 ^th day of March, 1971. The duty of obtaining the licences was left to my sons and after the death of the older, to Robert. These licences were as a matter of practice issued for 3 monthly periods.

  • 8. The licence for clothing expired on the 28 ^th day of February, 1971 and that for vegetables on the 21 ^st day of April, 1971.

  • 9. On the 2 ^nd day of March, 1971, I went abroad to make purchases of clothing leaving instructions with my son to obtain the usual license but on my return on the 5 ^th day of March, 1971, discovered that the licence had not been applied for or obtained, the goods in the meantime having landed and customed on the 6 ^th day of March, 1971, my son made application for the licence and a few days later he informed me that the Collector of Customs had refused to grant it.

  • 10. Licences were granted by the Collector of Customs as of course and it was not unusual to obtain licences for goods after they were imported. I had obtained a licence in such circumstances at least once in the year 1969.

  • 11. Immediately upon receiving the report from my son on the refusal of the licence, I went to see the Premier, the Honorable George H. Walter,(hereinafter called the Premier) and the Minister of Trade, Industry and Commerce, the Honorable Selvyn Walter (hereinafter called the Minister) was out of the state.

  • 12. I explained the position of the licence to the Premier and he told me that he did not wish to deal with the matter in the absence of the Minister but I should see the Minister on his return. The Premier told me, We are not out to victimise people. If you find that Selvyn is doing this out of spite, come back to me.”

  • 13. On Saturday the 18 ^th day of March, 1971, I went to the office of the Minister and informed his secretary, Mrs. Mannix, that I was there to see the Minister. The Minister was in his office and I waited there from 8:30 a.m. - 12:45 p.m. during which time numerous persons went to see him and came out but I was not asked to go in.

  • 14. At 12:45 p.m. when someone came out I knocked on the door and the Minister said, Come in. I had stepped into the office for a distance of about four feet when the Minister who was at his desk saw me. Immediately he jumped up in an angry mood and shouted, (Nobody but nobody dare walk into this office. Upon saying this he came toward me; held me by the shoulders and pushed me violently towards the open door. I held on to the door knob to steady myself and the Minister thumped me three times on the arm of the hand holding on to the door knob and saying, (get out of here! twice he pushed me out of the office and slammed the door in my face. Stunned and bewildered, I walked away but before leaving saw yet another person who was waiting to go into his office.

  • 15. Upon leaving the Minister's office, I called the Permanent Secretary to the Premier, Mr. Murdoch, and asked for an appointment with the Premier. Mr. Murdoch gave me an appointment for the Monday following at 3:30 p.m. When I arrived the Premier passed me in the waiting room and he said he was very busy and he could not see me. Several weeks passed and I was unable to see the Premier in spite of the daily telephone calls to his office.

  • 16. I went to the Honorable Ernest Williams, Leader of the Opposition to intercede with the Minister on my behalf but although Mr. Williams saw the Minister nothing came out of the meeting.

  • 17. On Thursday, the 6 ^th day of May, 1971, I received a call from the said Mr. Murdoch saying that the Premier wanted to see me at his office at 3:30 p.m. I went accompanied by Mrs. Dianne Xavier, my neighbour.

  • 18. When I went into the office of the Premier, he was alone and while Mr. Murdoch rang for the Minister, I showed the Premier some licences which I received in the past and explained the company's position. The Premier said very little but he did say that I was in business for only four and a half years and that my husband was...