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 if the habeas corpus proceedings are pending. I do not think I should accede to this application. It will, of course, be a matter for the judge hearing the application to decide whether, assuming the applicant otherwise demonstrates a claim for relief, such relief should be refused on discretionary grounds. I appreciate that the proceedings are urgent and indeed, both sides have joined in asking that the matter be given the earliest possible date for hearing. I am not prepared to fix a date for hearing today because, through no fault of their own, the parties have not been able to give me an assurance as to when the transcript will be available from the magistrate's court. I propose to stand the matter over for one week. If I am then given a reasonable assurance that the matter is ready to proceed or can be ready to proceed in a short time, I shall then fix a date for the hearing. Wen Tcertily that tnis aad she, Los (2 : - r * aeeo bene cout of ..? ° iu area oP hig. 07 SSCCiale a Dated: IZ/B/EE