Federal Court of Australia
Federal Court of Australia
Tera v New Zealand [2024] FCA 1011 File number: QUD 575 of 2023
Judgment of: RANGIAH J
Date of judgment: 6 September 2024
Catchwords: EXTRADITION – application for review – where the magistrate ordered that the applicant be surrendered to New Zealand – where applicant charged with serious sexual offences – where offences alleged to have occurred in the 1980s – where there was delay in the investigation of the complaints – whether surrender would be unjust, oppressive or too severe a punishment – magistrate's orders confirmed
Legislation: Extradition Act 1988 (Cth) ss 34, 34(1), 34(1)(c), 34(1)(d), 34(2), 34(2)(c), 35, 35(1)(a), 35(2)(b)(i) and 35(6)(d)
Cases cited: Bannister v New Zealand (1999) 86 FCR 417 Heslehurst v Government of New Zealand [2000] FCA 1311 In re Arton [1896] 1 QB 108 Kenneally v New Zealand (1999) 91 FCR 292 New Zealand v Johnston (2011) 274 ALR 509; [2011] FCAFC 2 New Zealand v Moloney (2006) 154 FCR 250 New Zealand v Templeton [2017] FCA 745 New Zealand v Venkataya (1995) 57 FCR 51 Newman v New Zealand (2012) 206 FCR 1 Snedden v Republic of Croatia (2009) 178 FCR 546
Division: General Division
Registry: Queensland
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 77
Date of hearing: 3 July 2024
Counsel for the Applicant: Mr DR Wilson
Solicitor for the Applicant: MacDonald Law (Qld)
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