Klepp, H.H. v Gibb, W.P. & Anor [1987] FCA 630

Klepp, H.H. v Gibb, W.P. & Anor [1987] FCA 630

In the extradition review, the court held that the Magistrate had jurisdiction, that the material—including the foreign warrant—sufficiently established the existence of an extradition crime and satisfied dual criminality, and that identification evidence sufficed. The application for review was dismissed and the committal order confirmed. In the bankruptcy matter, the court found no proven misconduct or culpable neglect, held that further cooperation with the trustee could be enforced post-discharge, and in view of the law's presumption favouring discharge after three years, ordered Mullen's discharge from bankruptcy.

Parties
Applicant: Hans Heinz Klepp; First Respondent: William Paterson Gibb; Second Respondent: Republic of Austria; Applicant: Roger Keith Mullen; Trustee: Trustee (unnamed); Creditor: MGICA Ltd
Jurisdiction
Australia
Judgment Date
18 November 1987
Procedural Posture
Judgment and Order / Application for Review of Committal in Extradition; Application for Discharge From Bankruptcy
Outcome
Extradition review—application dismissed; committal confirmed. Bankruptcy—application granted; bankrupt discharged.
Legal Topics
Extradition—review of Magistrate's Committal Decision, Jurisdiction of Magistrate, Authenticity and Sufficiency of Extradition Material, Discharge From Bankruptcy, Trustee Objections to Discharge, Creditor Objections to Discharge
Administrative Law Extradition Law Bankruptcy Law Extradition—review of Magistrate's Committal Decision Jurisdiction of Magistrate Authenticity and Sufficiency of Extradition Material Discharge From Bankruptcy Trustee Objections to Discharge +1 more

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Parties

Hans Heinz Klepp

Applicant

William Paterson Gibb

First Respondent

Republic of Austria

Second Respondent

Roger Keith Mullen

Applicant

Trustee (unnamed)

Trustee

MGICA Ltd

Creditor

Procedural Posture

Judgment and Order / Application for Review of Committal in Extradition; Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether hearing de novo or review on material before Magistrate for extradition under s. 18 of the Extradition (Foreign States) Act 1966
  2. 2 Whether Magistrate had jurisdiction under s. 24(1)
  3. 3 Whether material before Magistrate constituted an extradition crime under s. 4(1A)

Ratio Decidendi

In the extradition review, the court held that the Magistrate had jurisdiction, that the material—including the foreign warrant—sufficiently established the existence of an extradition crime and satisfied dual criminality, and that identification evidence sufficed. The application for review was dismissed and the committal order confirmed. In the bankruptcy matter, the court found no proven misconduct or culpable neglect, held that further cooperation with the trustee could be enforced post-discharge, and in view of the law's presumption favouring discharge after three years, ordered Mullen's discharge from bankruptcy.

Court Disposition

Extradition review—application dismissed; committal confirmed. Bankruptcy—application granted; bankrupt discharged.

Orders

  • The application for an order of review be dismissed.
  • The decision of the Magistrate committing the applicant to prison under s. 17(6)(c) be confirmed.