Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rivera v Director of Public Prosecutions (No. 2) [2003] FCA 1514 RIVERA v DIRECTOR OF PUBLIC PROSECUTIONS N1833 of 2003 MADGWICK J 21 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1833 of 2003
BETWEEN: LAWRENCE JOHN RIVERA
APPLICANT
AND: DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 21 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. I decline to make any order in the matter and the applicant's ex parte application is 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 N1833 of 2003
BETWEEN: LAWRENCE JOHN RIVERA
APPLICANT
AND: DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENT
JUDGE: MADGWICK J
DATE: 21 NOVEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 Following my rejection of the applicant's application to cross-vest a proceeding in the Supreme Court of New South Wales namely, an application for review, of an order of a Magistrate under s 19 of the Extradition Act 1988 (Cth),into this Court or, alternatively, to extend the time fixed by that Act under which a person sought to be extradited might seek a review in this Court of the Magistrate's order, the applicant asks me to direct the Registrar of this Court to receive and permit him to file today an intended Notice of Appeal from my judgment which, handily, the applicant has brought with him. The intended Notice of Appeal lists as its sole ground: 'The judgment was an error in point of law applying the principle of Jess v Scott and others ... Copy of transcripts and judgment will be tendered at hearing.' And the only order sought is: 'Seek "orders" to stay proceedings in the Supreme Court (File number: 13440/02) listed for November 28, 2003 pending the outcome of this Notice of Appeal.' 2 It may be that the applicant had anticipated before I gave my judgment that leave to appeal from it would be necessary or it may be that he simply is seeking my aid to enable the practicalities of his filing a Notice of Appeal to proceed. He is of course incarcerated and he
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