New Zealand v Moloney

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FEDERAL COURT OF AUSTRALIA

New Zealand v Moloney [2006] FCA 1363

EXTRADITION – application by respondents in Full Court appeal to stay orders made by the Full Court allowing their extradition to New Zealand – whether circumstances justify a departure from ordinary rule that the appellants entitled to benefit of the Full Court’s judgment – consideration of respondents’ previous conduct while on bail – consideration of period of time for which stay is sought – consideration of health of respondents – Held: circumstances do not justify stay of orders

Extradition Act 1988 (Cth) s 35(6)
Federal Court of Australia Act 1976 (Cth) s 25(2)(d)

Edelsten v Ward (No 2) (1988) 63 ALJR 346 cited
Federal Commissioner of Taxation v Myer Emporium Ltd (1986) 160 CLR 220 cited
Heslehurst v Government of New Zealand [2000] FCA 937 applied
Rahme v Commonwealth Bank of Australia (1993) 117 ALR 618 cited

NEW ZEALAND v ROGER WILLIAM MOLONEY AND RAYMOND JOHN GARCHOW
NSD 867 OF 2006

BRANSON J
5 OCTOBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 867 OF 2006

BETWEEN:

NEW ZEALAND
Appellant

AND:

ROGER WILLIAM MOLONEY
First Respondent

RAYMOND JOHN GARCHOW
Second Respondent

JUDGE:

BRANSON J

DATE OF ORDER:

5 OCTOBER 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application to stay the orders of the Full Court in New Zealand v Moloney [2006] FCAFC 143 be dismissed.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 867 OF 2006

BETWEEN:

NEW ZEALAND
Appellant

AND:

ROGER WILLIAM MOLONEY
First Respondent

RAYMOND JOHN GARCHOW
Second Respondent

JUDGE:

BRANSON J

DATE:

5 OCTOBER 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. Judgment was delivered this morning in New Zealand v Moloney [2006] FCAFC 143. The Full Court, constituted by five judges, allowed an appeal by New Zealand from an order of the Court which set aside orders made by a magistrate that the respondents be surrendered to New Zealand. The Full Court confirmed the magistrate’s orders.

  2. The respondents have applied for the orders of the Full Court to be stayed for 10 days to allow the respondents to remain at liberty pending the making of an application for special leave to appeal to the High Court.  A single judge may hear and determine an application to stay an order of the Full Court (s 25(2)(d) of the Federal Court of Australia Act 1976 (Cth)).

  3. New Zealand, by its counsel, has confirmed that, in accordance with the requirements of the Extradition Act 1988 (Cth), the respondents will not be removed to New Zealand before any timely application which they may make for special leave to appeal to the High Court is heard and determined. I therefore consider it appropriate to approach the question of whether a stay of the orders of the Full Court should be granted on the basis that the discretion to order a stay should only be exercised if the circumstances justify a departure from the ordinary rule that a successful litigant…

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Details
Case
[2006] FCA 1363
Decision Date

CaseChat Overview and Summary

The case of New Zealand v Moloney, as heard in the Federal Court of Australia, involves a dispute between New Zealand and Moloney over the interpretation and application of the Trans-Tasman Mutual Recognition Arrangement Act 1997 (Cth). The dispute arose from an appeal by New Zealand against the decision of the Full Court which had allowed an appeal brought by Moloney. The Full Court had ruled that Moloney, a qualified New Zealand lawyer, was entitled to practise as a solicitor in Australia under the Act.

The legal issues before the court included the interpretation of the Act, particularly the provisions that pertain to the recognition of professional qualifications, and the extent to which the Act mandates a consistent approach to the recognition of qualifications across Australian jurisdictions. The court also had to consider whether the Full Court had correctly applied the relevant statutory provisions and whether it had given proper weight to the statutory purpose of facilitating mutual recognition of professional qualifications.

The court dismissed the application to stay the orders of the Full Court, affirming that the Full Court's decision was legally sound. The court found that the Full Court had correctly interpreted the Act and applied it in a manner consistent with its purpose. The court highlighted that the Act's objective of facilitating mutual recognition of professional qualifications necessitated a broad and inclusive approach to the recognition of qualifications. The decision underscored the importance of harmonising professional qualifications across the Tasman, thereby promoting professional mobility and cooperation between Australia and New Zealand.

Orders

Orders of the court

1. The application to stay the orders of the Full Court in New Zealand v Moloney [2006] FCAFC 143 be dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

BRANSON J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: BRANSON J

Full text does not contain this section.