Kenneally v New Zealand [1999] NSWSC 869

New South Wales Supreme Court CITATION : Kenneally v New Zealand [1999] NSWSC 869 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 10696/99 HEARING DATE(S) : 25/8/99-26/8/99 JUDGMENT DATE : 31 August 1999

PARTIES : Kevin Patrick Kenneally (Plaintiff) New Zealand (Defendant) JUDGMENT OF : Studdert J

LOWER COURT JURISDICTION : Local Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Ms M.S. Jerram

COUNSEL : G.J. Jones (Plaintiff) M.A. Wigney (Defendant) SOLICITORS : Leigh Johnson (Plaintiff) Commonwealth Director of Public Prosecutions (Defendant) CATCHWORDS : Extradition to New Zealand; order by magistrate for surrender to New Zealand; application for review; whether accusation not made in interests of justice; Extradition Act 1988 (Commonwealth) ss 28, 32, 34 and 35 ACTS CITED : Extradition Act 1988 New Zealand v Venkataya (1995) 57 FCR 141 Daemar v Parker (1975) 7 ALR 564 Bates v McDonald (1985) 2 NSWLR 89 CASES CITED : Brackenridge v New Zealand (unreported, Court of Appeal (Qld), 2 October 1988) Bannister v New Zealand [1999] FCA 362 Willoughby v Eland (1984-85) 59 ALR 147 Butera v Director of Public Prosecutions (1987) 164 CLR 180 DECISION : Order of magistrate confirmed; bail revoked; plaintiff to pay defendant's costs of summons.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

STUDDERT J

Tuesday 31 August 1999

10696/99 KEVIN PATRICK KENNEALLY v NEW ZEALAND

JUDGMENT

1 HIS HONOUR: This is a summons for review of orders made by a magistrate under s 34 of the Extradition Act 1988 (Commonwealth). The plaintiff, Kevin Patrick Kenneally, named the Commonwealth Director of Public Prosecutions as defendant, but it was conceded that "New Zealand" should be substituted as defendant and an order to that effect was made by consent. The summons sought an order for review pursuant to s 35 of the Extradition Act but I was asked to treat the matter as a review and the hearing proceeded on this basis.