Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dutton v Republic of South Africa [1999] FCA 1016
CRIMINAL LAW – EXTRADITION – Notice by Attorney-General that extradition request received, once issued, cannot be withdrawn – no obligation on Attorney-General to give person on remand opportunity to be heard on question whether remand should cease – Court has no general supervisory jurisdiction over parties to extradition proceedings before magistrate Extradition Act 1988, ss 16, 17(1), 19(1) Papazoglou v Republic of Philippines (1997) 74 FCR 108, referred to
EDWARD ISAAC DUTTON v REPUBLIC OF SOUTH AFRICA,
ATTORNEY-GENERAL OF COMMONWEALTH OF AUSTRALIA,
MINISTER FOR JUSTICE AND CUSTOMS OF COMMONWEALTH OF AUSTRALIA and CHIEF MAGISTRATE OF NEW SOUTH WALES
N 437 of 1999
JUDGES: WILCOX, WHITLAM and MOORE JJ DATE: 28 JULY 1999 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 437 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: EDWARD ISAAC DUTTON
Applicant
AND: REPUBLIC OF SOUTH AFRICA
First Respondent
ATTORNEY-GENERAL
OF COMMONWEALTH OF AUSTRALIA
Second Respondent
MINISTER FOR JUSTICE AND CUSTOMS
OF COMMONWEALTH OF AUSTRALIA
Third Respondent
CHIEF MAGISTRATE OF NEW SOUTH WALES
Fourth Respondent
JUDGES: WILCOX, WHITLAM and MOORE JJ
DATE OF ORDER: 22 JUNE 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal 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 N 437 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: EDWARD ISAAC DUTTON
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