BW v Commonwealth of Australia

[2023] NZHC 1525

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF APPELLANT UNTIL FURTHER ORDER OF THIS COURT.

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE

CRI-2023-416-3

[2023] NZHC 1525

UNDER

Part 8 of the Extradition Act 1990

IN THE MATTER

of an appeal against the granting of a surrender order

BETWEEN

BW

Appellant

AND

THE COMMONWEALTH OF AUSTRALIA

Respondent

Hearing:	15 June 2023
Counsel:	M J Lynch for Appellant C R Stuart for Respondent
Judgment:	19 June 2023

RESULTS JUDGMENT OF ELLIS J

[1]                 I am conscious that this matter may be weighing heavily on BW and his family, so I am issuing this results judgment, with reasons to follow as soon as possible.

[2]                 The appeal against the decision [2023] NZDC 5941 is allowed. The surrender order made by the District Court under s 47 of the Extradition Act 1999 is quashed.

BW v THE COMMONWEALTH OF AUSTRALIA [2023] NZHC 1525 [19 June 2023]

[3]                 Name suppression will continue for now and can be addressed if necessary after I have delivered my reasons.

Rebecca Ellis J

Solicitors:

Woodward Chrisp, Gisborne for Appellant