Robert Trimbole v John Dugan SM & anor [1984] FCA 367

Robert Trimbole v John Dugan SM & anor [1984] FCA 367

A magistrate taking evidence under section 27A of the Extradition (Foreign States) Act 1966 is exercising a purely ministerial function, has no duty or power to permit cross-examination of witnesses, and is not an officer of the Commonwealth for the purposes of the Judiciary Act 1903; accordingly, the applications for review and injunction are dismissed.

Parties
Applicant: Robert Trimbole; Respondent: John Dugan S.M.; Respondent: The Attorney-General for the Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
02 November 1984
Procedural Posture
Administrative Law Application and Injunction Motion / Final Judgment at First Instance
Outcome
Application and notice of motion dismissed with costs; interim injunction dissolved.
Legal Topics
Extradition Proceedings, Cross Examination in Extradition, Magistrate's Role Under Extradition (foreign States) Act 1966, Administrative Decisions (judicial Review) Act 1977, Officer of the Commonwealth
Administrative Law Extradition Extradition Proceedings Cross Examination in Extradition Magistrate's Role Under Extradition (foreign States) Act 1966 Administrative Decisions (judicial Review) Act 1977 Officer of the Commonwealth

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Parties

Robert Trimbole

Applicant

John Dugan S.M.

Respondent

The Attorney-General for the Commonwealth of Australia

Respondent

Procedural Posture

Administrative Law Application and Injunction Motion / Final Judgment at First Instance

Legal Issues

  1. 1 Whether a magistrate taking evidence under section 27A of the Extradition (Foreign States) Act 1966 must or may permit cross-examination of witnesses.
  2. 2 Whether the magistrate is an 'officer of the Commonwealth' for the purposes of section 39B of the Judiciary Act 1903.

Ratio Decidendi

A magistrate taking evidence under section 27A of the Extradition (Foreign States) Act 1966 is exercising a purely ministerial function, has no duty or power to permit cross-examination of witnesses, and is not an officer of the Commonwealth for the purposes of the Judiciary Act 1903; accordingly, the applications for review and injunction are dismissed.

Court Disposition

Application and notice of motion dismissed with costs; interim injunction dissolved.

Orders

  • The application for an order to review and the notice of motion for an injunction be dismissed with costs.
  • The interim injunction previously granted be dissolved.