Coates-Kelly v New Zealand [2022] FCAFC 131

Federal Court of Australia

Coates-Kelly v New Zealand [2022] FCAFC 131 Appeal from: Kelly v New Zealand [2021] FCA 1434

File numbers: VID 722 of 2021 VID 127 of 2022

Judgment of: LOGAN, ABRAHAM AND O'SULLIVAN JJ

Date of judgment: 16 August 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for leave to withdraw admissions made before the primary judge and magistrate – application made pursuant to rr 26.11 or 1.32 of the Federal Court Rules 2011 – where appellant contends admissions were not true – where appellant contends circumstances in which admissions were made justify leave being granted – leave refused – application dismissed EXTRADITION – surrender to New Zealand – where appellant appeals from decision of primary judge confirming an order of a magistrate surrendering the appellant to New Zealand under s 34(1)(c) of the Extradition Act 1988 (Cth) – where appellant convicted in absentia of offences under the Tax Administration Act 1994 (NZ) – where appellant claims error in the primary judge concluding that the warrant is a "New Zealand warrant" within the meaning of s 5 of the Extradition Act – where appellant claims surrender would be unjust or oppressive – appeal dismissed ADMINISTRATIVE LAW – application under s 39B of the Judiciary Act 1903 (Cth) for review of a decision of a magistrate to indorse a New Zealand warrant under s 28 of the Extradition Act 1988 (Cth) – where applicant seeks declaration that the warrant issued by the Dunedin District Court in New Zealand is not a "New Zealand warrant", certiorari quashing the Magistrate's indorsement of the warrant, and a consequential order to effect the release of the applicant from prison – lack of utility to exercise the Court's discretion – relief inconsistent with the conclusion that the appeal be dismissed – s 39B application dismissed