New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 8(1)(c) extradition act 1999

Legal area

Court

26 Feb 2018

CURTIS v COMMONWEALTH OF AUSTRALIA [2018] NZCA 22

Citation

[2018] NZCA 22
Court

Court of Appeal

Leave to appeal was granted because the Court identified arguable errors of law in the High Court judge's application of s 8(1)(c): specifically potential misapplication of the relevance of alleged complicity in delay absent required nexus and failure to assess the totality of circumstances relevant to whether surrender would be unjust or oppressive.
26 Feb 2018

CURTIS v DISTRICT COURT AT MANUKAU [2018] NZCA 23

Citation

[2018] NZCA 23
Court

Court of Appeal

Extension of time was granted because the delay was modest and explained, the respondent suffered no prejudice, the proposed judicial review ground challenging the High Court's treatment of the totality of circumstances under s 48(4) was not plainly hopeless and raised an issue of statutory interpretation warranting clarification; accordingly interests of justice required granting an extension subject to the orderly filing of amended grounds by a specified date.