Rivera v USA

[2004] HCATrans 355

[2004] HCATrans 355

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S228 of 2004

B e t w e e n -

LAWRENCE JOHN RIVERA

Applicant

and

UNITED STATES OF AMERICA

Respondent

For judgment

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 14 SEPTEMBER 2004, AT 9.36 AM

Copyright in the High Court of Australia

HIS HONOUR:   There are before the Court two summonses, one by the respondent, the United States of America, that the application for special leave to appeal filed by the applicant on 24 June 2004 be expedited.  That summons was filed on 2 August 2004.  The other summons was filed on 16 August 2004.  The applicant in that summons resists the application for expedition. 

The arguments on either side appear from the affidavits that have been filed.  There are two affidavits on behalf of the respondent, sworn by Juliet Jean Shouldice on 2 August and 1 September 2004.  Then there is an affidavit from the applicant filed on 16 August 2004.  That affidavit was sworn on 13 August 2004.

The summonses have been considered by me on the papers.  The application for special leave is made in respect of the judgment of the Full Court of the Federal Court delivered 16 June 2004.  The circumstances of this extradition application by the United States and its age point strongly in favour of an early resolution of the application for special leave, either by refusal, or grant and expedition of an appeal. 

Accordingly, I make the order sought in paragraph 1 of the summons by the respondent filed 2 August 2004 and dismiss the cross‑summons by the applicant for special leave.  The expedited application for special leave will be placed in the list for hearing in Sydney on Friday, 10 December 2004.  I direct the Deputy Registrar to supply to the parties a copy of the transcript of today’s proceedings.  Insofar as it is necessary, I certify for counsel.  The costs of the summonses will be costs in the special leave application.

AT 9.41 AM THE MATTER WAS CONCLUDED