Federal Court of Australia
Le wee oes
FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY N.S.W. No. G 218 of 1983
—s eS
GENERAL DIVISION
BETWEEN : ROBERT LESLIE RILEY Applicant AND CLYDE EVANS & OTHERS Respondents
Morling J. 12 August 1983 _
EX TEMPORE JUDGMENT
I am informed that Mr Butler, who is a co-accused of Mr Riley, 1s about to file proceedings of a similar nature in this court. If that is the case, then it would be very advantageous if those proceedings are listed for darections in this court on Friday, 19 August, which is the date to which I propose to stand over Mr Riley's
application.
The application is to review the decision of the third respondent, the stipendiary magistrate who heard extraauition proceedings against Mr Riley and who apparently
made an order that he be extradited to the United States of
America.
I gather that Mr Riley 1s in custody awaiting
extradition. I have been informed that the proceedings in
this court will take from three to five days. It is not presently clear to me what the real issues in the matter are and as I have already said, I commend to counsel the
desirability of defining the issues to be litigated.
I was informed by Mr Neil, who appears for the applicant, that the applicant has commenced habeas corpus proceedings in the Supreme Court of New South Wales. Mr Neil said these proceedings had been taken for more abundant caution unless it be held that such proceedings would be out of time 1f not commenced until after the conclusion of the proceedings in this court. Mr Neil
has said that his client will not pursue the habeas
corpus proceedings until the determination of the proceedings
aun this court.
Mr Hilton has sought that this court should determine, as a preliminary matter, whether in the exercise of its discretion under the Administrative
Decisions (Judicial Review) Act it should refuse relief
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