Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forsyth v United Kingdom [2003] FCA 1084
CHARLES ALISTAIR FORSYTH v UNITED KINGDOM and MR BLACK W169 of 2003 CARR J 19 AUGUST 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W169 OF 2003
BETWEEN: CHARLES ALISTAIR FORSYTH
APPLICANT
AND: UNITED KINGDOM
FIRST RESPONDENT
MR BLACK
SECOND RESPONDENT
JUDGE: CARR J
DATE OF ORDER: 19 AUGUST 2003
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W169 OF 2003
BETWEEN: CHARLES ALISTAIR FORSYTH
APPLICANT
AND: UNITED KINGDOM
FIRST RESPONDENT
MR BLACK
SECOND RESPONDENT
JUDGE: CARR J
DATE: 19 AUGUST 2003
PLACE: PERTH
REASONS FOR JUDGMENT
introduction 1 In this application, filed on 4 August 2003, the applicant seeks orders which include an order that the hearing of certain extradition proceedings listed for 20 August 2003 (i.e. tomorrow) before a Magistrate be vacated. In those circumstances I propose to give my judgment forthwith. 2 The application is made purportedly under the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the ADJR Act") and more appropriately in a jurisdictional sense, under s 39B of the Judiciary Act 1903 (Cth), for review of certain decisions made by Mr R K Black SM on 11 July 2003 in relation to the hearing and determination under s 19 of the Extradition Act 1988 (Cth) of the question whether the applicant is eligible for surrender to the first respondent in relation to certain alleged extradition offences. I shall refer to those proceedings as "the s 19 proceedings". Mr Black is the second respondent to this application. The applicant seeks to challenge the second respondent's decisions not to vacate the hearing which is set down for tomorrow, not to re-list it for hearing at a later date on three consecutive days, and to decline to make an order that the first respondent adduce certain documents listed in a schedule dated 6 July 2003 prepared by the applicant.
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