Matson v Attorney-General [2020] FCA 1558

Federal Court of Australia

Matson v Attorney-General [2020] FCA 1558 File number: QUD 107 of 2019

Judgment of: RANGIAH J

Date of judgment: 28 October 2020

Catchwords: EXTRADITION – application for judicial review under s 39B of the Judiciary Act 1903 (Cth) – decision of Acting Attorney-General under s 22 of the Extradition Act 1988 (Cth) – application dismissed ADMINISTRATIVE LAW – application for recusal based on apprehended bias – whether a reasonable person might apprehend bias – application dismissed PRACTICE AND PROCEDURE – application for adjournment of hearings – consideration of interests of justice – applications dismissed PRACTICE AND PROCEDURE – application for discovery – applications made after close of evidence – whether discovery will facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible – applications dismissed PRACTICE AND PROCEDURE – applications for reopening of evidence – consideration of nature and probative value of further evidence – whether reopening is in the interests of justice – applications dismissed

Legislation: Constitution ss 51(xix), 51(xxix), 62 and 64 Evidence Act 1995 (Cth) s 76 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 2.32, 20.11, 20.13, 20.14 and 20.15 Freedom of Information Act 1982 (Cth) Judiciary Act 1903 (Cth) ss 39B and 78B Administrative Appeals Tribunal Act 1975 (Cth) s 37 Extradition Act 1988 (Cth) ss 3, 7, 11, 12, 15, 16, 19 and 22 Extradition (United States of America) Regulations 1988 (Cth) Sch 1 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment International Covenant on Civil and Political Rights Arts 2, 7, 9, 14 and 26