Federal Court of Australia
Federal Court of Australia
Kisun, by his litigation representative Kisun v New Zealand [2023] FCA 1576 File number: NSD 1297 of 2023
Judgment of: PERRAM J
Date of judgment: 12 December 2023
Catchwords: EXTRADITION – application for order under s 35(6)(g)(iii) of the Extradition Act 1988 (Cth) – application for bail under s 35(6)(g)(iv) – where Applicant seeks to attend medical examinations to gather evidence of lack of fitness to stand trial – whether special circumstances
Legislation: Extradition Act 1988 (Cth) ss 28, 34(2), 35(2), 35(6)(d), 35(6)(g)(iii), 35(6)(g)(iv)
Cases cited: Cabal v United Mexican States [2001] HCA 42; 180 ALR 593 Coates-Kelly v New Zealand [2022] FCAFC 131; 294 FCR 422 New Zealand v Moloney [2006] FCAFC 143; 154 FCR 250 United Mexican States v Cabal [2001] HCA 60; 209 CLR 165
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 16
Date of hearing: 7 December 2023
Solicitor for the Applicant: Mr G Walsh
Counsel for the First Respondent: Mr T Muir
Solicitor for the First Respondent: Commonwealth Director of Public Prosecutions
Counsel for the Second Respondent: The Second Respondent did not appear
ORDERS NSD1297 of 2023
BETWEEN: DAVID PETER KISUN, BY HIS LITIGATION REPRESENTATIVE KARUNA KISUN Applicant
AND: NEW ZEALAND First Respondent
MAGISTRATE CHRISTOPHER WAYNE MCROBERT Second Respondent
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