Zoeller, G. v The Honourable Bowen, L.F. (Attorney-General of the Commonwealth) & Ors [1987] FCA 501

Zoeller, G. v The Honourable Bowen, L.F. (Attorney-General of the Commonwealth) & Ors [1987] FCA 501

The Extradition (Foreign States) Act 1966 permits multiple extradition proceedings provided each follows the statutory procedure, and the 'speciality' rule is satisfied by undertakings current at the time of surrender. The second s.15 notice was validly executed by an Acting Minister in accordance with s.19 of the Acts Interpretation Act, and the seizure of the applicant's property was unlawful as it occurred before the requisition was made.

Parties
Applicant: Guenter Zoeller; First Respondent: The Honourable Lionel Frost Bowen, Attorney-General of the Commonwealth of Australia; Second Respondent: The Honourable Michael John Duffy, Minister of State for Trade Negotiations; Third Respondent: Stanley David Kitchener Hyde, Magistrate; Fourth Respondent: Kevin Robert Webb, Magistrate; Fifth Respondent: The Federal Republic of Germany; Sixth Respondent: The Commissioner of the Australian Federal Police; Seventh Respondent: Raymond Carlin
Jurisdiction
Australia
Judgment Date
16 September 1987
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application partly granted and partly dismissed
Legal Topics
Multiple Extradition Proceedings, Speciality Rule, Power to Seize Property, Administration of Government Departments, Acting Minister Validity
Extradition Constitutional Law Multiple Extradition Proceedings Speciality Rule Power to Seize Property Administration of Government Departments Acting Minister Validity

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Parties

Guenter Zoeller

Applicant

The Honourable Lionel Frost Bowen, Attorney-General of the Commonwealth of Australia

First Respondent

The Honourable Michael John Duffy, Minister of State for Trade Negotiations

Second Respondent

Stanley David Kitchener Hyde, Magistrate

Third Respondent

Kevin Robert Webb, Magistrate

Fourth Respondent

The Federal Republic of Germany

Fifth Respondent

The Commissioner of the Australian Federal Police

Sixth Respondent

Raymond Carlin

Seventh Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether multiple extradition proceedings are lawful under the Extradition (Foreign States) Act 1966
  2. 2 Whether the 'speciality' rule was breached
  3. 3 Whether the second s.15 notice was validly issued by an Acting Minister

Ratio Decidendi

The Extradition (Foreign States) Act 1966 permits multiple extradition proceedings provided each follows the statutory procedure, and the 'speciality' rule is satisfied by undertakings current at the time of surrender. The second s.15 notice was validly executed by an Acting Minister in accordance with s.19 of the Acts Interpretation Act, and the seizure of the applicant's property was unlawful as it occurred before the requisition was made.

Court Disposition

Application partly granted and partly dismissed

Orders

  • Declare seizure of applicant's property described in the application for review was unlawful, liberty reserved to applicant for further relief in this connection.
  • Proceedings otherwise dismissed.