Robert Leslie Riley v Clyde Evans & Ors [1983] FCA 201

Robert Leslie Riley v Clyde Evans & Ors [1983] FCA 201

The application is stood over for one week; it is for the judge hearing the application to decide if relief should be refused on discretionary grounds due to pending habeas corpus proceedings.

Parties
Applicant: Robert Leslie Riley; Respondents: Clyde Evans & Others
Jurisdiction
Australia
Judgment Date
12 August 1983
Procedural Posture
Application for Judicial Review / Directions; Application Stood Over
Outcome
Application stood over for one week for directions.
Legal Topics
Review of Magistrate's Decision, Administrative Decisions (judicial Review) Act, Habeas Corpus
Extradition Judicial Review Review of Magistrate's Decision Administrative Decisions (judicial Review) Act Habeas Corpus

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Leslie Riley

Applicant

Clyde Evans & Others

Respondents

Procedural Posture

Application for Judicial Review / Directions; Application Stood Over

Legal Issues

  1. 1 Whether the decision of the stipendiary magistrate ordering Mr Riley's extradition to the United States should be judicially reviewed
  2. 2 Whether the Federal Court should refuse relief where habeas corpus proceedings are pending in another court

Ratio Decidendi

The application is stood over for one week; it is for the judge hearing the application to decide if relief should be refused on discretionary grounds due to pending habeas corpus proceedings.

Court Disposition

Application stood over for one week for directions.

Orders

  • Matter stood over for one week.
  • No date for hearing fixed until transcript availability is confirmed.