Matson (Baron) v Keenan [2016] FCA 1550

Matson (Baron) v Keenan [2016] FCA 1550

None of the matters raised by the applicant, either individually or in combination, amount to special circumstances justifying release on bail pending review of the extradition process. Delay, communication issues, Aboriginality, or alleged non-disclosure do not of themselves amount to special circumstances.

Parties
Applicant: Baron Phillip Matson; First Respondent: Hon Michael Keenan MP Minister for Justice; Second Respondent: Magistrate Morrison ACT Magistrates Court; Third Respondent: The United States of America
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Extradition – Application for Bail / Application for Bail Pending Determination of Judicial Review
Outcome
Application for bail dismissed. Costs awarded against applicant.
Legal Topics
Application for Bail, Special Circumstances in Extradition, Judicial Review of Extradition Process
Administrative Law Extradition Criminal Procedure Application for Bail Special Circumstances in Extradition Judicial Review of Extradition Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Baron Phillip Matson

Applicant

Hon Michael Keenan MP Minister for Justice

First Respondent

Magistrate Morrison ACT Magistrates Court

Second Respondent

The United States of America

Third Respondent

Procedural Posture

Extradition – Application for Bail / Application for Bail Pending Determination of Judicial Review

Legal Issues

  1. 1 Whether special circumstances exist justifying the applicant’s release on bail pending judicial review of extradition decisions

Ratio Decidendi

None of the matters raised by the applicant, either individually or in combination, amount to special circumstances justifying release on bail pending review of the extradition process. Delay, communication issues, Aboriginality, or alleged non-disclosure do not of themselves amount to special circumstances.

Court Disposition

Application for bail dismissed. Costs awarded against applicant.

Orders

  • The applicant's application for bail is dismissed.
  • The applicant pay the first and third respondents' costs of the application for bail.