Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
New Zealand v Johnston [2010] FCA 958 Citation: New Zealand v Johnston [2010] FCA 958
Parties: NEW ZEALAND v BRIAN JOHNSTON and MAGISTRATE MARK BUSCOMBE
File number: NSD 4 of 2010
Judge: MOORE J
Date of judgment: 2 September 2010
Corrigendum: 18 October 2010
Catchwords: EXTRADITION – review of Magistrate's decision not to extradite first respondent to New Zealand – status of Magistrate's decision on rehearing – eligibility for surrender to New Zealand – whether the allegation of the offence was not made in good faith or in the interests of justice – whether a lengthy period has elapsed since the offence was allegedly committed – whether surrender would be unjust, oppressive or too severe – acceptance of argument of injustice due to actual and potential prejudices – rejection of argument of oppression due to first respondent's health, marriage, residency, financial status and employment
Legislation: Extradition Act 1988 (Cth) ss 28, 32, 34, 35
Cases cited: Bannister v New Zealand (1999) 86 FCR 417 Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616 Edmonds v Andrews (1987) 85 FLR 419 Heslehurst v Government of New Zealand [2000] FCA 1311 Kakis v Government of the Republic of Cyprus [1978] 2 All ER 634 Kenneally v New Zealand (1999) 166 ALR 625 Longman v R (1989) 168 CLR 79 New Zealand v Moloney (2006) 154 FCR 250 New Zealand v Venkataya (1995) 57 FCR 151 Perry v Lean (1985) 39 SASR 515 R v Adler (unreported, Court of Criminal Appeal of New South Wales, 11 June 1992) R v Edwards (2009) 83 ALJR 717
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