ARNAULD AND ORS. V. FORDE AND ANOR.

ARNAULD AND ORS. V. FORDE AND ANOR.

The applicants' affidavit does not disclose facts giving the Court original jurisdiction, and there is insufficient evidence either of unlawful detention or that the matter arises under the Extradition Treaty or any other law conferring jurisdiction on the Court. Therefore, the Court cannot issue a writ of habeas corpus.

Parties
Applicants: Mongieur Lancial (Acting Consul General for the Government of France in Australia) and 8 Frenchmen; Respondents: Hon. F.M. Forde (Minister for the Army) and Major Miles (Camp Commandant Liverpool Internment Camp)
Jurisdiction
Australia
Procedural Posture
Application for Writ of Habeas Corpus / Rule Nisi Application
Outcome
application dismissed
Legal Topics
Habeas Corpus, Court Jurisdiction, Detention of Non Citizens
Constitutional Law Administrative Law Habeas Corpus Court Jurisdiction Detention of Non Citizens

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 3 Party arguments 2
Sign in to unlock

Parties

Mongieur Lancial (Acting Consul General for the Government of France in Australia) and 8 Frenchmen

Applicants

Hon. F.M. Forde (Minister for the Army) and Major Miles (Camp Commandant Liverpool Internment Camp)

Respondents

Procedural Posture

Application for Writ of Habeas Corpus / Rule Nisi Application

Legal Issues

  1. 1 Does the Court have original jurisdiction to issue a writ of habeas corpus in this case?
  2. 2 Is the detention of the applicants unlawful under Australian law?
  3. 3 Does the matter arise under the Extradition Treaty between Great Britain and France such as to invoke this Court's exclusive jurisdiction?

Ratio Decidendi

The applicants' affidavit does not disclose facts giving the Court original jurisdiction, and there is insufficient evidence either of unlawful detention or that the matter arises under the Extradition Treaty or any other law conferring jurisdiction on the Court. Therefore, the Court cannot issue a writ of habeas corpus.

Court Disposition

application dismissed

Orders

  • application for rule nisi for writ of habeas corpus refused