Gunn Chit Tuan SCJ:

In a notice of motion entitled Federal Territory criminal Application No. CR 54-20 of 1988 the Criminal Division of the High Court at Kuala Lumpur on 16 September 1988, ordered, inter alia, one Brain Robinson and one Brendan O'Shannassy of the Australian Customs Service and also one Vijayandran of the Royal Customs, Malaysia, to forthwith return all documents/files and any copies made of the documents seized by them belonging to Midford (Malaysia) Sdn. Bhd. and one U. Mat.

They as well as the Director General of the Royal Customs, Malaysia, and the Commonwealth of Australia and their servants/agents were also restrained from conducting any further illegal searches/seizures on the promises of Midford (Malaysia) Sdn. Bhd., its employees, agents or partners.

On 21 September 1988, the Director General of Royal Customs, Malaysia and the said Vijayandran of Royal Customs, Malaysia, applied by notice of motion for the whole order of the Court made on 16 September 1988, to be set aside on the grounds that the Court had no jurisdiction to grant the relief sought and that the proceedings adopted in applying for an injunction in a criminal application was misconce