Lawrence RIVERA v UNITED STATES OF AMERICA - Judgment re: application to cross-vest proceedings to the Federal Court of Australia [2003] NSWSC 1179

New South Wales Supreme Court

CITATION : Lawrence RIVERA v UNITED STATES OF AMERICA - Judgment re: application to cross-vest proceedings to the Federal Court of Australia [2003] NSWSC 1179 HEARING DATE(S) : 28/11/03 JUDGMENT DATE : 28 November 2003

JUDGMENT OF : Bell J at 1 DECISION : Motion dismissed

LEGISLATION CITED : Extradition Act 1988 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Holt v Hogan (No.1) 1993 44 FCR 572 James Hardie Company Pty Ltd v Barry (2000) 50 NSWLR 357 CASES CITED : Todhunter v USA (1995) 57 FCR 70 United Mexican States v Cabal [2001] HCA 60; 183 ALR 645 Wiest v Director of Public Prosecutions (1998) 23 FCR 472 PARTIES : Lawrence RIVERA (Plaintiff) UNITED STATES OF AMERICA (Defendant) FILE NUMBER(S) : SC 13440/02 COUNSEL : In person (Plaintiff) Ms P McDonald (Defendant) SOLICITORS : In person (Plaintiff) Commonwealth DPP (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

28 November 2003

13440/02 LAWRENCE RIVERA v UNITED STATES OF AMERICA

JUDGMENT 1 BELL J: The applicant moves on the notice for an order that the review of Magistrate O'Shane's determination made pursuant to s 19 of the Extradition Act 1988 (Cth) (the Act) be cross-vested to the Federal Court of Australia.

2 In support of the motion the applicant relied on his affidavit sworn on 21 November 2003. He also relied on written submissions in which he referred to a number of authorities.

3 Ms McDonald, who appears on behalf of the Commonwealth Director of Public Prosecutions, opposes the motion on the basis that to make the order at this time would be to see further delay in a case that has been attended by very considerable delay. In this context Ms McDonald submits that I would not be persuaded that it is in the interests of justice that the proceedings be determined in the Federal Court.