BUJAK V THE MINISTER OF JUSTICE SC 113/2009
Leave to appeal was dismissed because even if Yuen Kwok-Fung were overruled, the humanitarian arguments were factually insufficient and the Minister's decision to surrender was a reasonable exercise of discretion.
Source-derived case information.
- Citation
- SC 113/2009
- Parties
- Applicant: Slawomir Ryszard Bujak; Respondent: The Minister of Justice
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 February 2010
- Procedural Posture
- Extradition; Judicial Review / Application for Leave to Appeal to the Supreme Court
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Section 30 Extradition Act 1999, Humanitarian Grounds for Refusal, Standard of Review, Precedent (yuen Kwok Fung)
Source-derived case record
Summary, issues, holding and outcome
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Parties
Slawomir Ryszard Bujak
Applicant
The Minister of Justice
Respondent
Procedural Posture
Extradition; Judicial Review / Application for Leave to Appeal to the Supreme Court
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the Minister failed to take into account humanitarian considerations under s 30 Extradition Act 1999
- 3 Whether the decision in Yuen Kwok-Fung should be overruled or followed
Ratio Decidendi
Leave to appeal was dismissed because even if Yuen Kwok-Fung were overruled, the humanitarian arguments were factually insufficient and the Minister's decision to surrender was a reasonable exercise of discretion.
Court Disposition
Application for leave to appeal dismissed
Orders
- Leave to appeal dismissed
- Costs of $2,500 awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
BUJAK V THE MINISTER OF JUSTICE SC 113/2009 11 February 2010IN THE SUPREME COURT OF NEW ZEALAND SC 113/2009 [2010] NZSC 8BETWEEN SLAWOMIR RYSZARD BUJAK Applicant AND THE MINISTER OF JUSTICE Respondent Court: Blanchard, McGrath and Wilson JJ Counsel: F C Deliu for Applicant V E Casey for Respondent Judgment: 11 February 2010JUDGMENT OF THE COURTThe application for leave to appeal is dismissed with costs of $2,500 to the respondent REASONS[1] The applicant, having failed in his attempt to judicially review the decision of a District Court that he should be extradited to Poland, now seeks leave to appeal against the rejection of his application for judicial review of the Minister's decision under s 30 of the Extradition Act 1999 that he should be surrended to the Polish authorities. The applicant argued in the Court of Appeal that the Minister had failed to take account of certain humanitarian considerations. He contended unsuccessfully that the Court should not follow its decision in Yuen Kwok-Fung v Hong Kong Special Administrative Region of the People's Republic of China.1 He seeks to have that decision considered by this Court.1 [2001] 3 NZLR 463.[2] However, even if this Court were minded to overrule Yuen – a case on which we should not be taken to be casting any doubt – it would not avail Mr Bujak. This is because, as the Court of Appeal also concluded, the humanitarian arguments would certainly fail on the facts. The matters raised were, as the Court said, "well short of the standard of seriousness required on the overseas authorities". 2 The Minister could not reasonably have assessed them as requiring him to decline to surrender Mr Bujak.Solicitors: Crown Law Office, Wellington2 At para [56].