Heslehurst v Government of New Zealand [2001] FCA 202

FEDERAL COURT OF AUSTRALIA

Heslehurst v Government of New Zealand [2001] FCA 202 EXTRADITION - extradition from Australia to New Zealand - warrants - whether warrant purported to be issued by a judge of a court of New Zealand. EXTRADITION - extradition from Australia to New Zealand - ill health of appellant - appeal from orders made under s 34(1)(c) of Extradition Act 1988 (Cth) - whether extradition unjust, oppressive or too severe a punishment.

Extradition Act 1988 (Cth) ss 5, 19(7), 28, 34(1)(c), 34(2), 35, 35(6)(d) and 35(6)(e) Kenneally v New Zealand (1999) 91 FCR 292 considered New Zealand v Venkataya (1995) 57 FCR 151 considered Kalamunda Meat Wholesalers Pty Ltd v Reg Russell & Sons Pty Ltd (1994) 51 FCR 446 considered Rahardja v Republic of Indonesia [2000] FCA 1297 considered Bennett v Government of the United Kingdom [2000] FCA 916 considered Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359 referred to News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 referred to CDJ v VAJ (1998) 197 CLR 172 referred to Council of the City of Greater Wollongong v Cowan (1954) 93 CLR 435 referred to Florance v Andrew (1985) 58 ALR 377 referred to Guss v Johnstone [2000] FCA 1455 referred to MAXWELL JOHN HESLEHURST v THE GOVERNMENT OF NEW ZEALAND N 1044 OF 2000 LINDGREN, NORTH & MANSFIELD JJ 12 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1044 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MAXWELL JOHN HESLEHURST

APPELLANT

AND: THE GOVERNMENT OF NEW ZEALAND

RESPONDENT

JUDGES: LINDGREN, NORTH & MANSFIELD JJ

DATE OF ORDER: 12 MARCH 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.