Ronald Warren Woss v Johannes Jacobsen & anor [1984] FCA 343

Judicial review - applicant charged with conspiracv to defraud Commonwealth - warrant for apprehension of applicant issued in Queensland - applicant resident in Western Australia - warrant endorsed by Western Australian Magistrate for execution in Western Australia - applicant apprehended in that State - jurisdiction of Western Australian Magistrate to endorse warrant - whether execution of warrant in Western Australia 'undust or oppressive - iurisdiction of Supreme Court of Western Australia to determine questions of

jurisdiction and unfairness and oppression - exercise of this

Court's discretion.

Administrative Decisions (Judicial Review) Act 1977, ss. 3.

5. 9, 10 and 16

Service and Execution of Process Act 1901, ss. 18 and 19

RONALD WARREN WOSS v. JOHANNES JACOBSEN & ANOR. No. W.A.G.72 of 1984

Coram: Sheppard J.

30 October 1984

Sydnev

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY No. W.A.G.72 of 1984

GENERAL DIVISION

BETWEEN : RONALD WARREN WOSS Applicant AND:

JOHANNES JACOBSEN & ANOR.

Respondents ORDER JUDGE MAKING ORDER : Sheppard J. DATE OF ORDER 3 30 October 1984 WHERE MADE : Syvdnev THE COURT ORDERS THAT l. The application be dismissed. 2. The applicant pay the respondents' costs of the

application.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY No. W.A.G.72 of 1984

~weww nw

GENERAL DIVISION

BETWEEN : RONALD WARREN WOSS Applicant AND JOHANNES JACOBSEN & ANOR. Respondents CORAM: Sheppard J. 30 October 1984

REASONS FOR JUDGMENT

This 1s an application to review the decision of the second respondent. who is a magistrate in Western Australia, made on 27 Julv 1984 wherebv he ordered the return of the applicant to the State of Queensland bv 26 Uctober 1984

pursuant to the provisions of the Service and_ Execution of

Process Act 1901 (hereinafter called "the Act"). The