Silbersher, Alexander v Gerkens, Maurice W. & Anor [1984] FCA 289

ZA

CATCHWORDS

Administrative law - judicial review - decision of stipendiary magistrate in extradition proceedings - decision that the applicant be returned from Victoria to Queensland to appear before the Brisbane Magistrates' Court to answer charges brought against him in Queensland - applicant a resident of Victoria - whether application for extradition made "in qood faith in the interests of justice" - whether it would be unjust or oppressive to return the applicant to Queensland - whether error of law -

whether s.9 of the Administrative Decisions (Judicial Review) Act

1977 operates to divest State courts of jurisdiction to hear an application for review under 3.19 of the Service and Execution of Process Act 1901 ~ discretion and duty of Maqistrates and Justices of the Peace under para.18(6)(c) of the Service and Execution of Process Act 1901 - whether different considerations apply where defendant is charaqed with an offence aqainst Commonwealth law - the proper test to be applied under

para.18(6)(c) of the Service and Execution of Process Act 1901.

Administrative Decisions (Judicial Review) Act 1977, s.9(1) Crimes Act 1914, para.86(1)(e)

Service and Execution of Process Act 1901, 3.18, s.19(1)

ALEXANDER SILBERSHER v. MAURICE W. GERKENS AND PHILLIP G. CURRY VG 214 of 1984

LOCKHART J. SYDNEY 14 SEPTEMBER 1984

IN _THE FEDERAL COURT OF AUSTRALIA VICTORIAN DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN :

JUDGE MAKING ORDER: LOCKHART J.

WHERE MADE: SYDNEY DATE OF ORDER: 14 SEPTEMBER 1984

THE COURT ORDERS THAT:

l.

No. VG 214 of 1984

ALEXANDER STLBERSHER

Applicant

MAURICE W. GERKENS and PHILLIP GEORGE CURRY

Respondents

The application be dismissed with costs.

IN_THE FED! COURT OF AUSTRALIA ) )

VICTORIAN DISTRICT REGISTRY ) No. VG 214 of 1984 ) )

GENERAL DIVISION