Matson v Attorney-General (No 1)

[2022] FCA 212

FEDERAL COURT OF AUSTRALIA

Matson v Attorney-General (No 1) [2022] FCA 212  

File number:

QUD 83 of 2021

Judgment of:

COLLIER J

Date of judgment:

10 March 2022

Catchwords:

 PRACTICE AND PROCEDURE – application for leave to file interlocutory application – application for leave to “re-open” proceedings where judgment reserved – interests of justice – principle of finality of litigation – s37M Federal Court of Australia Act 1976 (Cth)

Legislation:

Extradition Act 1988 (Cth) s 22

Federal Court of Australia Act 1976 (Cth) ss 25(2B)(aa), 37M

Migration Act 1958 (Cth) s 501(2)

Cases cited:

BDS20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 91

Matson v Attorney-General of the Commonwealth of Australia [2021] FCA 161

Matson v The Attorney-General of the Commonwealth of Australia (No 2) [2022] FCA 213

Minister for Immigration and Border Protection v Makasa [2021] HCA 1

Division:

General Division

Registry:

Queensland

National Practice Area:

Federal Crime and Related Proceedings

Number of paragraphs:

25

Date of hearing:

9 March 2022

Counsel for the Applicant:

Ms L de Ferrari (amicus curiae)

Counsel for the First and Second Respondents:

Mr M McKechnie

Solicitor for the First and Second Respondents:

Australian Government Solicitor

ORDERS

QUD83 of 2021

BETWEEN:

BARON MATSON

Applicant

AND:

THE ATTORNEY-GENERAL OF THE COMMONWEALTH

First Respondent

THE COMMONWEALTH OF AUSTRALIA

Second Respondent

THE PRESIDENT OF THE UNITED STATES OF AMERICA, THE HONORABLE DONALD J TRUMP (and others named in the Schedule)

Third Respondent

ORDER MADE BY:	COLLIER J
DATE OF ORDER:	10 MARCH 2022

THE COURT ORDERS THAT:

1.Leave be refused to the applicant to file and rely on his interlocutory application dated 13 February 2022.

2.Leave be refused to the applicant to re-open the hearing in respect of the interlocutory application for summary judgment filed by the respondents on 18 November 2021, in respect of which judgment was reserved on 10 February 2022.

3.The applicant pay the costs of the respondents, to be taxed if not otherwise agreed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLLIER J:

1. As a preliminary observation, I note that these reasons for judgment should be read with the reasons in my judgment Matson v The Attorney-General of the Commonwealth of Australia (No 2) [2022] FCA 213 (Matson No 2).

2. On 11 June 2021 I relevantly ordered as follows:

   2.No further material be filed in this proceeding without the leave of the Court, until further order.

3. On 18 November 2021 the respondents filed an interlocutory application for summary judgment in respect of the application for leave to appeal filed by Mr Matson on 15 March 2021. On the same day the parties appeared before me for case management, with Mr Matson represented at that hearing by Ms de Ferrari SC. After hearing the parties in respect of matters including the respondents’ interlocutory application for summary judgment, I made case management orders taking the respondents’ summary judgment application to hearing on…