Minister of Justice and Attorney General v Kyung Yup Kim

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IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 57/2019
[2019] NZSC 100

BETWEEN	MINISTER OF JUSTICE First Applicant
ATTORNEY-GENERAL Second Applicant
AND	KYUNG YUP KIM Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	U R Jagose QC and A F Todd for Applicants A J Ellis, B J R Keith and G K Edgeler for Respondent
Judgment:	20 September 2019

JUDGMENT OF THE COURT

AThe application for leave to appeal against the Court of Appeal’s decision is granted (Kim v Minister of Justiceof New Zealand [2019] NZCA 209). The respondent’s application for leave to cross-appeal is also granted.
BThe approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’s decision to surrender the respondent under s 30 of the Extradition Act 1999.

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Solicitors:
Crown Law Office, Wellington for Applicants
Marshall, Bird, Curtis, Auckland for Respondent

CaseChat Overview and Summary

The case involves a dispute between the Minister of Justice and Attorney-General of New Zealand as applicants and Kyung Yup Kim as the respondent. The applicants sought leave to appeal the Court of Appeal's decision to quash and remit the Minister's decision to surrender the respondent under section 30 of the Extradition Act 1999. The legal issues that the court was required to decide were whether the Court of Appeal was correct to quash and remit the Minister's decision and whether the respondent's application for leave to cross-appeal should be granted. The court's reasoning and outcome were that the application for leave to appeal against the Court of Appeal's decision was granted, and the respondent's application for leave to cross-appeal was also granted. The approved question was whether the Court of Appeal was correct to quash and remit the Minister of Justice's decision to surrender the respondent under s 30 of the Extradition Act 1999. The final orders were that the application for leave to appeal against the Court of Appeal's decision was granted, and the respondent's application for leave to cross-appeal was also granted. The approved question was whether the Court of Appeal was correct to quash and remit the Minister of Justice's decision to surrender the respondent under s 30 of the Extradition Act 1999.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established