New Zealand v Venkataya, K.A. & Anor [1995] FCA 387

CATCHWORDS EXTRADITION - Extradition Act 1988, s 34(2) - whether it would be unjust or oppressive to surrender an accused person to New Zealand -effect of a lengthy period having elapsed since the alleged offences - application for surrender in connection with alleged sexual abuse of foster children - alleged offences occurring from 17 to 23 years earlier - accused living in Australia with family for over a decade - significance of family disruption, loss of security and financial hardship - significance of New Zealand courts having power to ensure a fair trial. Extradition Act 1988, ss 34(2), 35 Service and Execution of Process Act 1901, s 18(6) Extradition (Commonwealth Countries) Act 1966, s 27 Binge v Bennett (1988) 13 NSWLR 578 Narain v Director of Public Prosecutions (1987) 15 FCR 411 Bates v McDonald (1985) 2 NSWLR 89 Carmady v Hinton (1980) 23 SASR 409 Perry v Lean (1985) 39 SASR 515 Lewis v Wilson (1987) 90 FLR 251 Butler v Morahan (1988) 94 FLR 372 Hicks v Martin (1990) 27 FCR 416 Bryan v Preston (1982) 64 FLR 46 Edmonds v Andrews (1987) 85 FLR 419 Kakis v Government of the Republic of Cyprus [1978] 1 WLR 779 White v Cassidy (1979) 40 FLR 249 R v Governor of Pentonville Prison; ex parte Narang [1978] AC 247 Clear v Holyoak [1993] 1 Qd R 376 Jago v District Court of New South Wales (1989) 168 CLR 23 NEW ZEALAND v KADIR ALI VENKATAYA & ANOR NG 764 OF 1994 Sackville J. 26 May, 1995 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 764 of 1994 GENERAL DIVISION ) BETWEEN: NEW ZEALAND Applicant AND: KADIR ALI VENKATAYA First Respondent AND: CAROLYN JANE BARKELL Second Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 26 May 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. the order made by the second respondent on 24 October 1994 is confirmed; and 2. the applicant is to pay the costs of the first respondent. NOTE:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.