Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Heslehurst v Government of New Zealand [2002] FCA 429 MAXWELL JOHN HESLEHURST v GOVERNMENT OF NEW ZEALAND N 122 OF 2002 EMMETT J 3 APRIL 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 122 OF 2002
BETWEEN: MAXWELL JOHN HESLEHURST
APPLICANT
AND: GOVERNMENT OF NEW ZEALAND
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 3 APRIL 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the application be dismissed. 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 122 OF 2002
BETWEEN: MAXWELL JOHN HESLEHURST
APPLICANT
AND: GOVERNMENT OF NEW ZEALAND
RESPONDENT
JUDGE: EMMETT J
DATE: 3 APRIL 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 15 February 2002 Ms J.M. Orchiston, a magistrate of the Local Court of New South Wales ("the Magistrate"), amended a warrant issued pursuant to ss 34 and 38 of the Extradition Act 1988 (Cth) ("the Act"). The Warrant had been issued by the Magistratein respect of Maxwell John Heslehurst ("the Applicant") at the behest of the respondent, the Government of New Zealand ("New Zealand"). The Applicant asserts that the Magistrate had no power to make the amendment to the warrant and, by application for an order of review filed in this Court on 20 February 2002, seeks an order quashing the Magistrate's decision. The grounds of the application are: i. that the decision involved an error of law; ii. that there was no jurisdiction to make the decision; and iii. that the Magistrate failed to "have, hear and determine" the application for amendment in accordance with law. 2 The application is in the form of an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth). It is clearly inappropriately framed as an application under that Act. However, it is accepted on behalf of New Zealand that the Court has jurisdiction pursuant to s 39B of the Judiciary Act 1901 (Cth) to entertain the application.
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