Nguyen, Ex parte- Re East

This matter concerned an application by Mr. Nguyen for a writ of habeas corpus, seeking his release from detention. The application was heard by Hayne J in chambers.

The central legal issue before the Court was whether Mr. Nguyen was lawfully detained. This required the Court to consider the validity of the warrant under which he was being held.

Hayne J examined the warrant and found it to be defective. Specifically, the warrant failed to specify the offence for which Mr. Nguyen was apprehended. As a consequence, the Court determined that the detention was unlawful.

The Court ordered that a writ of habeas corpus issue, directing that Mr. Nguyen be brought before the Court and, upon being so brought, be discharged from custody.