Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnson v Honourable Daryl Williams [2000] FCA 3 ADMINISTRATIVE LAW – extradition – Attorney-General requested to withdraw request for extradition – decision based on misleading information – delay – fragmentation of the criminal process
Extradition Act 1989 (UK) s 7 and s 12 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 referred to Caswell v Dairy Produce Quota Tribunal for England & Wales [1990] 2 AC 738 applied Dietrich v The Queen (1992) 177 CLR 292 cited Flanagan v Commissioner of the Australian Federal Police (1996) 60 FCR 149 applied Harris v Attorney-General of the Commonwealth (1994) 52 FCR 386 applied Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Leung v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 76 referred to O'Reilly v Mackman [1983] 2 AC 237 applied R v Fuller & Cummings (1997) 69 SASR 251 cited
MALCOLM KEITH JOHNSON V THE HONOURABLE DARYL ROBERT WILLIAMS (in his capacity as the Attorney-General of the Commonwealth of Australia) and THE HONOURABLE DUNCAN JAMES COLQUHOUN KERR (in his former capacity as Minister of State for Justice)
S 37 of 1999
JUDGES: SPENDER, EMMETT & FINKELSTEIN JJ DATE: 5 JANUARY 2000 PLACE: ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 37 of 1999
On appeal from a single justice of the Federal Court
BETWEEN: MALCOLM KEITH JOHNSON
Appellant
AND: THE HONOURABLE DARYL ROBERT WILLIAMS (in his capacity as Attorney-General of the Commonwealth of Australia) and THE HONOURABLE DUNCAN JAMES COLQUHOUN KERR (in his former capacity as Minister of State for Justice)
Respondents
JUDGES: SPENDER, EMMETT & FINKELSTEIN JJ
DATE OF ORDER: 5 JANUARY 2000
WHERE MADE: MELBOURNE (via video-link to Adelaide)
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