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Maythem Kamil Radhi v District Court at Manukau and The Commonwealth of Australia - SC 57/2017

Media releases

Summary

Civil Appeal – Extradition Act 1999, s 48 – Whether the Court of Appeal erred in holding that it would not be unjust or oppressive to extradite the applicant – Whether the Court of Appeal erred in dismissing the application to adduce further evidence.

Result

A Leave to appeal is granted (Radhi v District Court at Manukau [2017] NZCA 157).
B The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.
18 August 2017
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A The appeal is allowed.
B The appellant’s case is referred to the Minister of Justice pursuant to s 48(4)(a)(ii) of the Extradition Act 1999.
C Costs are reserved.                                                                                          
21 December 2017

Hearing Transcripts

Related Documents

High Court decision — RADHI v THE DISTRICT COURT AT MANUKAU & ANOR [2015] NZHC 3347 [21 December 2015]

Court of Appeal decision — RADHI v DISTRICT COURT AT MANUKAU [2017] NZCA 157 [3 May 2017]

Leave judgment - leave granted — MAYTHEM KAMIL RADHI v THE DISTRICT COURT AT MANUKAU [2017] NZSC 123 [18 August 2017] (PDF 110 KB)

Additional document — Transcription hearing date 11 October 2017 (PDF 269 KB)

Additional document — Transcription hearing date 22 November 2017 (PDF 162 KB)

Substantive judgment — MAYTHEM KAMIL RADHI v THE DISTRICT COURT AT MANUKAU [2017] NZSC 198 [21 December 2017] (PDF 391 KB)