Federal Court of Australia
Federal Court of Australia
Kisun v New Zealand [2024] FCAFC 118 Appeal from: Kisun v New Zealand [2024] FCA 224
File number(s): NSD 300 of 2024
Judgment of: BROMWICH, ABRAHAM AND HALLEY JJ
Date of judgment: 10 September 2024
Catchwords: EXTRADITION – appeal against decision of a Federal Court judge affirming decision of a Magistrate not to prevent surrender to New Zealand for extradition – HELD: no error established – appeal dismissed with costs
Legislation: Extradition Act 1988 (Cth) ss 34(1), (2), (2)(c), 35(1), (3), (6)(d), (6)(e)
Cases cited: Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17; 98 ALJR 719 Coates-Kelly v New Zealand [2022] FCAFC 131; 294 FCR 422 Foster v Minister for Customs and Justice [2000] HCA 38; 200 CLR 442 GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; 97 ALJR 857 New Zealand v Johnston [2011] FCAFC 2; 274 ALR 509 New Zealand v Moloney [2006] FCAFC 143; 154 FCR 250 Newman v New Zealand [2012] FCAFC 133; 206 FCR 1
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 53
Date of hearing: 22 August 2024
Counsel for the Appellant: Mr J C Sheller SC and Mr N J Carey
Solicitor for the Appellant: Greg Walsh & Co
Counsel for the First Respondent: Mr T Muir
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