Robert Leslie Riley v Clyde Evans

[1983] FCA 201

FEDERAL COURT OF AUSTRALIA 1 1

NEW	SOUTH	WALES	mGISTRY	1	N.S.N. No. G 218 of 1983
1

DIVISION GENERAL 1

BETWEEN : ROBERT LESLIE RILEY

Appllcant

- AND CLYDE EVANS & OTHERS

Respondents

Elorllng J.

12 August 1983 - .

EX TEMPORE JUDGMENT

I am informed that Mr Butler, who 1 s a co-accused

of Mr Riley, 1 s about to file proceedings of a similar

nature m this court. If that is the case, then it would be very advantageous if those proceedmgs are listed for

dlrectlons in this court on Friday, 19 August, whlch 1 s

the date to whlch	I propose to stand over	Mr Riley's
applicatlon.

The appllcatlon 1s to review the declslon of the

thlrd respondent, the stipendlary magistrate who heard

extraGltlon proceedings against Mr Riley and who apparently

made an order that he be extradlted to the United States	of
Amerlca.

I gather that Mr Rlley is in custody awaiting

extradition. I have been Informed that the proceedings in

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this court will take from three to five days. It 1 s not

presently clear to me what the real lssues In the matter

are and as I have already sald, I commend to counsel the

desirability of deflnlng the issues to be litigated.

I was informed by Mr Nell, who appears for the

applicant, that the applicant has commenced habeas corpus

proceedings in the Supreme Court of New South Wales. Mr

Neil said these proceedings had been taken for more

abundant caution unless it be held that such proceedings

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would :,e out of tlme If not commenced untll after the

conclusion of the proceedings in thls court. Mr Ne11

has said that his client will not pursue the habeas

corpus proceedings untll the determination of the proceedings

ln thls court.

Mr Hllizon has sought that this court should

determlne, as a preliminary matter, whether in the

exerclse of Its discretion under the Administratlve

Declsions (Judicial Revlew) Act it should refuse relief

If the habeas corpus proceedmgs are pending. I do not

think I should accede to thls applicatlon. It will, of

course, be a matter for the judge hearing the application

to decide whether, assumlng the applicant otherwise

demonstrates a clalm for relief, such relief should be

refused on discretionary grounds.

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I appreciate that the proceedings are urgent and

indeed, both sldes have lolned in asklnq that the matter

be glven the earliest posslble date for hearing. I am

not prepared to fix a date for hearlnq today because,

through no fault of then own, the partles have not been

able to glve me an assurance as to when the transcript

will be available from the maglstrate's court.

I propose to stand the matter over for one week.

If I am then glven a reasonable assurance that the matter

is ready to proceed or can be ready to proceed in a short

time, I shall then fix a date for the hearlnq.