Federal Court of Australia
27) JUDGMENT No. BEES
CATCHWORDS
ADMINISTRATIVE LAW - application seeking order restraining proceedings on a second warrant for extradition - whether court should interfere in proceedings before a magistrate -— whether extradition proceedings are administrative or judicial in nature - whether a decision of a magistrate under s.17 of the Extradition (Foreign States) Act is final - whether first order made by magistrate prevents subsequent proceedings for
extradition being brought - res judicata - issue estoppel.
Amrit Lal Narain v. Parnell (1986) 9 F.C.R. 479 Newby v. Moodie and Another (1987) 88 A.T.C. 4072
oeller v. Federal Republic of Germany and Others (unreported, delivered 2 larc
The Administration of Papua New Guinea v. Daera Guba (1973)
United States v. Ford and Frary 29 D.L.R. 80
Extradition (Foreign States) Act 1966 (Cth) Administrative becisions (Judicial Review) Act 1977 (Cth)
Judiciary Ac Cc 8.39B
EUGEN ALEXANDER WIEST v. THE DIRECTOR OF PUBLIC PROSECUTIONS AND ANOTHER
No. G95i of 1988 Davies J.
27 May 1988 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G951 of 1988
GENERAL DIVISION
BETWEEN: EUGEN ALEXANDER WIEST
Applicant AND: THE DIRECTOR OF PUBLIC PROSECUTIONS First Respondent AND: THE FEDERAL REPUBLIC OF
GERMANY
Second Respondent
CORAM: Davies J. DATE: 27 May 1988 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT: The application be dismissed with costs.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G951 of 1988
ee ee
GENERAL DIVISION
BETWEEN: EUGEN ALEXANDER WIEST Applicant AND: THE DIRECTOR OF PUBLIC
PROSECUTIONS
First Respondent
THE FEDERAL REPUBLIC OF GERMANY
is
Second Respondent
CORAM: Davies J. DATE: 27 May 1988 PLACE: Sydney
REASONS FOR JUDGMENT
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