Matson v Attorney-General (Cth) (No1) [2022] FCA 212

Matson v Attorney-General (Cth) (No1) [2022] FCA 212

Leave to file the interlocutory application and to reopen the proceedings was refused because there was no significant new evidence or compelling interests of justice warranting reopening, the relevant issues had already been canvassed, reopening would prejudice respondents through delay, and the principle of finality of litigation required the proceedings to continue to judgment.

Parties
Applicant: Baron Matson; First Respondent: The Attorney-General of the Commonwealth; Second Respondent: The Commonwealth of Australia; Third Respondent: The President of the United States of America, The Honorable Donald J Trump; Fourth Respondent: The Attorney-General of the United States of America, The Honorable William P B Barr; Fifth Respondent: The United States of America
Jurisdiction
Australia
Judgment Date
10 March 2022
Procedural Posture
Interlocutory Application in Appeal Proceedings / Application for Leave to File Interlocutory Application and Reopen Hearing, Judgment Reserved
Outcome
Leave refused to file and rely on interlocutory application dated 13 February 2022 and to reopen proceedings for summary judgment; applicant to pay respondents' costs.
Legal Topics
Leave to File Interlocutory Application, Re Opening Proceedings, Principle of Finality, Interests of Justice, Summary Judgment
Practice and Procedure Extradition Leave to File Interlocutory Application Re Opening Proceedings Principle of Finality Interests of Justice Summary Judgment

Case Brief

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Parties

Baron Matson

Applicant

The Attorney-General of the Commonwealth

First Respondent

The Commonwealth of Australia

Second Respondent

The President of the United States of America, The Honorable Donald J Trump

Third Respondent

The Attorney-General of the United States of America, The Honorable William P B Barr

Fourth Respondent

The United States of America

Fifth Respondent

Procedural Posture

Interlocutory Application in Appeal Proceedings / Application for Leave to File Interlocutory Application and Reopen Hearing, Judgment Reserved

Legal Issues

  1. 1 Should leave be granted to file and rely on the applicant's interlocutory application dated 13 February 2022?
  2. 2 Should leave be granted to reopen the hearing in respect of the respondents' interlocutory application for summary judgment, where judgment has been reserved?

Ratio Decidendi

Leave to file the interlocutory application and to reopen the proceedings was refused because there was no significant new evidence or compelling interests of justice warranting reopening, the relevant issues had already been canvassed, reopening would prejudice respondents through delay, and the principle of finality of litigation required the proceedings to continue to judgment.

Court Disposition

Leave refused to file and rely on interlocutory application dated 13 February 2022 and to reopen proceedings for summary judgment; applicant to pay respondents' costs.

Orders

  • Leave be refused to the applicant to file and rely on his interlocutory application dated 13 February 2022.
  • Leave be refused to the applicant to re-open the hearing in respect of the interlocutory application for summary judgment filed by the respondents on 18 November 2021, in respect of which judgment was reserved on 10 February 2022.