Prabowo v Republic of Indonesia

[1998] HCATrans 77

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S58 of 1997

B e t w e e n -

SUBAGIO LAGAIDA PRABOWO

Applicant

and

REPUBLIC OF INDONESIA

First Respondent

BOYD DOMINIC CLEARY

Second Respondent

Application for special leave to appeal

GAUDRON J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 13 MARCH 1998, AT 1.00 PM

Copyright in the High Court of Australia

MR T.A. GAME, SC:  I appear for the respondent, your Honour.   (instructed by the Commonwealth Director of Public Prosecutions)

GAUDRON J:   I hold certificates as follows from the Deputy Registrar:  firstly, that he has been informed by the solicitor for the applicant that the applicant has elected not to present oral argument but will rely upon the summary of argument and, secondly, that the second respondent in the above matter does not wish to be represented at the hearing of this matter and will submit to any order of the Court save as to costs.

As to the Republic of Indonesia, for whom you did or did not appear, what is the situation?

MR GAME:   I appear for the Republic of Indonesia.

GAUDRON J:   But you do not wish to put any submissions?

MR GAME:   Unless the Court wishes to call on me, I do not wish to put anything further.

GAUDRON J:   Thank you, Mr Game.  I think the Court does not wish to call upon you.

The applicant, who relies upon his written submissions, seeks special leave to appeal from a decision of the Full Federal Court dismissing his appeal from a decision of Justice Whitlam who refused to quash an order by the second respondent, Mr Cleary, for the applicant’s extradition to Indonesia.  We have considered the decision of the Full Court and are of the view that it is clearly correct.  Accordingly, special leave will be refused.

MR GAME:   I am instructed to ask for an order for costs.  I think it is fairly academic, but I do ask for an order for costs.

GAUDRON J:   It will be refused with costs.

AT 1.02 PM THE MATTER WAS CONCLUDED