Singh, Jndbr Jit v United States of America & Anor [1997] FCA 612

FEDERAL COURT OF AUSTRALIA EXTRADITION - Extradition Act 1988 (Cth) - determination of eligibility for surrender under s 19 - no duly authenticated warrant issued at time of commencement of proceedings - whether failure to produce 'supporting documents' required by s 19(2)(a) of the Extradition Act. JURISDICTION OF COURTS - Extradition Act 1988 (Cth) - determination of eligibility for surrender - proceedings adjourned to enable apparent deficiency in arrest warrant to be overcome - power to adjourn proceedings on discretionary grounds. Extradition Act 1988 (Cth), ss 6, 12, 15(1), 16(1), 19, 21, 22. Extradition (United States of America) Regulations, reg 3.

Director of Public Prosecutions for the Commonwealth v Kainhofer (1995) 185 CLR 528, applied.

Forrest v Kelly (1992) 34 FCR 74, applied.

Harris v Attorney-General of the Commonwealth (1994) 52 FCR 386, applied.

Papazoglou v Republic of the Philippines (1997) 144 ALR 42, cited. R v Kelly; Ex parte Harvey (1985) 75 FLR 411, cited. JNDBR JIT SINGH v UNITED STATES OF AMERICA & ANOR NG 780/96 SACKVILLE J SYDNEY 11 JULY, 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 780 of 1996 ) GENERAL DIVISION )

BETWEEN: JNDBR JIT SINGH

Applicant

AND: UNITED STATES OF AMERICA

First Respondent

BOYD DOMINIC CLEARY

Second Respondent

JUDGE(s): SACKVILLE J. PLACE: SYDNEY DATED: 11 JULY, 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The order made on 21 August 1996 by Boyd Dominic Cleary, Magistrate in and for the State of New South Wales, in respect of the applicant, under s 19(9) of the Extradition Act 1988 (Cth), be confirmed. 2. The applicant pay the first respondent's costs of the proceedings. 3. Order 2 be stayed for a period of 14 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.