Federal Court of Australia
'
JUDGMENT No. (30/62.
CATCHWORDS ADMINISTRATIVE LAW - Extradition - Review of Magistrate's decision to commit to prison - whether hearing de novo by court - whether Magistrate had jurisdiction - whether extradition crime - whether documents on Magistrate's file formed part of the material before the Magistrate - whether
material supported Magistrate's finding that applicant was
the person referred to in the foreign warrant.
Extradition (Foreign States) Act 1966 ss. 4(1A), 17(6), 17(6A), 18, 24(1)
HANS HEINZ KLEPP v WILLIAM PATERSON GIBB and REPUBLIC OF
AUSTRIA
No. VG 224 of 1987
MELBOURNE
KEELY J.
18 NOVEMBER, 1987
a
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 224 of 1987 ) )
GENERAL DIVISION
BETWEEN: HANS HEIN2 KLEPP Applicant AND:
WILLIAM PATERSON GIBB
First Respondent
REPUBLIC OF AUSTRIA
Second Respondent
18 NOVEMBER, 1987 KEELY J.
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The application for an order of review, dated 18
August 1987, be dismissed.
2. The decision of the Magistrate, William Paterson Gibb, made 7 August 1987, that the applicant be committed to
Prison under s. 17(6)(c) of the Extradition (Foreign
States) Act 1966 be confirmed.
3. The applicant, Hans Heinz Klepp, pay the costs of both the firstnamed respondent, William Paterson Gibb, and
the secondnamed respondent, the Republic of Austria.
(Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.)
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 224 of 1987 ) )
GENERAL DIVISION
BETWEEN
HANS HEINZ KLEPP
Applicant AND:
WILLIAM PATERSON GIBB
First Respondent REPUBLIC OF AUSTRIA
Second Respondent
18 NOVEMBER, 1987 KEELY Jd.
REASONS FOR JUDGMENT
Hans Heinz Klepp (the applicant) has applied under s.
18 of the Extradition (Foreign States) Act 1966 (the Act) for
an order to review the decision of the firstnamed respondent, made on 7 August 1987, that the applicant is liable to be surrendered to a foreign state, Austria, and that a warrant
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