O'Sullivan v Dejneko [1964] HCA 13

High Court of Australia Kitto, Taylor, Menzies, Windeyer and Owen JJ. O'Sullivan v Dejneko [1964] HCA 13

ORDER Appeal allowed. Order of Supreme Court discharged. In lieu thereof order that the order of the Special Magistrate be varied by striking out so much of it as directs that the respondent be delivered into custody and taken to New South Wales and there delivered into the custody of the Keeper of the gaol at Malabar and substituting therefor an order that the respondent be admitted to bail in the sum of £100 with one surety of a like amount conditioned upon his appearing to be dealt with according to law at such time and at such place in New South Wales as the Special Magistrate shall specify. Costs of the proceedings in the Supreme Court to be paid by the respondent Dejneko. In accordance with the undertaking given by the appellant O'Sullivan on the granting of special leave to appeal, order that the additional costs of the respondent Dejneko occasioned by the appeal being heard in Sydney instead of in Adelaide be paid by the appellant.

Cur. adv. vult.

The following written judgments were delivered:—

1964, Feb. 26 Kitto J.

On 23rd January 1963 the respondent was brought before a Special Magistrate in the Adelaide Police Court under an endorsement made by a South Australian Justice of the Peace upon a warrant for the apprehension of the respondent which had been issued by a Justice of the Peace in New South Wales. The endorsement had been made under the authority of sub-s. (1) of s. 18 of the Service and Execution of Process Act 1901-1958 Cth. The warrant was dated 18th July 1960 and had been issued for the apprehension of the respondent by reason of his not having paid a fine of £12 and costs under a conviction on 15th December 1959 which imposed imprisonment with hard labour for twenty-seven days for non-payment.