Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
De Bruyn v The Minister for Justice and Customs (No. 2) [2006] FCA 259 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. De Bruyn v The Minister for Justice and Customs [2006] FCA 232 Robinson v State of South Australia No. 2 (1931) AC 704 at 722 National Crime Authority v Gould & Anor (1989) 23 FCR 191 at 199 Haj-Ismail & Ors v Minister for Immigration and Ethnic Affairs & Ors (No. 2) (1982) 64 FLR 112 Zarro & Ors v Australian Securities Commission (1992) 36 FCR 40 JACOB JOHANNES DE BRUYN v THE MINISTER FOR JUSTICE AND CUSTOMS QUD327 OF 2005 GREENWOOD J 17 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: 17 MARCH 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The Applicant's Notice of Motion is re‑listed today for further determination of matters arising out of the hearing of the Notice of Motion on Tuesday, 14 March 2006. 2. The Respondent produce to the Applicant copies of 20 marked-up documents in the form provided by the Court to Counsel for the Respondent today being copies of those documents contained on the Court file in an envelope and marked "Marked‑Up Documents the Subject of an Order for Production by the Respondent to the Applicant made 17 March 2006". 3. Order 1 of these Orders be stayed until 10.15am on Monday, 20 March 2006. 4. The Respondent pay the Applicant's costs of the motion of and incident to the further re‑listing of the Notice of Motion today. 5. The affidavit of Joanne Sheryl Blackburn sworn 17 March 2006 and marked Exhibit "A" for identification shall be sealed and placed on the Court file in an envelope marked "Not to be Opened without the Leave of a Judge". Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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