De Bruyn v The Minister for Justice and Customs [2006] FCA 232

FEDERAL COURT OF AUSTRALIA

De Bruyn v The Minister for Justice and Customs [2006] FCA 232 PRACTICE AND PROCEDURE – Extradition arrangements – claim by the Commonwealth of public interest immunity concerning documents relevant to the question of whether the Minister has refused or constructively refused to discharge a statutory duty – consideration of the principles generally – matter brought forward for urgent determination prior to hearing commencing in one week. Extradition Act 1988 (Cth) Extradition (Republic of South Africa) Regulations Evidence Act 1995 (Cth) Treaty on Extradition between Australia and Republic of South Africa Republic of South Africa v De Bruyn [1999] FCA 516 De Bruyn v Republic of South Africa [1999] FCA 1344 De Bruyn v The Minister for Justice and Customs [2004] FCA 880 Alister & Ors v R (1983) 50 ALR 41 at 44 Air Canada v Secretary of State for Trade [1983] 2 WLR 494 Sankey v Whitlam (1978) 142 CLR 1 Australian National Airlines Commission v The Commonwealth (1975) 132 CLR 582 at 591 Asiatic Petroleum Company Limited v Anglo-Persian Oil Company Limited [1916] 1 KB 882 Burmah Oil Co Ltd v Governor and Company of the Bank of England (1980) AC 1090 Conway v Rimmer (1968) AC 910 Rogers v Home Secretary (1973) AC 388 Salemi v Holding (1988) 16 ALD 697

JACOB JOHANNES DE BRUYN v THE MINISTER FOR JUSTICE AND CUSTOMS QUD327 OF 2005 GREENWOOD J 15 MARCH 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD327 OF 2005

BETWEEN: JACOB JOHANNES DE BRUYN

APPLICANT

AND: THE MINISTER FOR JUSTICE AND CUSTOMS

RESPONDENT

JUDGE: GREENWOOD J

DATE OF ORDER: 15 MARCH 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The Notice of Motion filed by the Applicant on 9 March 2006 is adjourned to a date to be fixed. 2. The costs of the Notice of Motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.