Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hellenic Republic v Tzatzimakis [2003] FCAFC 4 EXTRADITION – eligibility for surrender – requirement to produce supporting documents - meaning of s 10(1) of the Extradition Act 1998 (Cth) – whether on the facts of the case respondent convicted in his absence WORDS & PHRASES – "convicted in the person's absence"
Extradition Act 1998 (Cth) ss 10(1), s 11, 19(1), 19(2), 19(3), 55 Extradition (Foreign States) Act 1966 (Cth) s 4(3) Extradition (Foreign States) Amendment Act 1985 (Cth) Extradition (Commonwealth Countries) Act 1966 (Cth) Extradition (Commonwealth Countries) Regulations 1998(Cth) Wiest v Director of Public Prosecutions (1988) 23 FCR 472, considered R v Governor of Brixton Prison; Ex parte Caborn-Waterfield [1960] 2 QB 498, considered In re Coppin (1866) 2 Ch App 47, considered R v Jones [2002] 2 All ER 113, considered HELLENIC REPUBLIC V GEORGIOS TZATZIMAKIS AND FRANK JONES V 209 OF 2002 BLACK CJ, HILL & FINKELSTEIN JJ 31 JANUARY 2003 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 209 OF 2002
BETWEEN: HELLENIC REPUBLIC
APPELLANT
AND: GEORGIOS TZATZIMAKIS
FIRST RESPONDENT
FRANK JONES, M
SECOND RESPONDENT
JUDGES: BLACK CJ, HILL & FINKELSTEIN JJ
DATE OF ORDER: 31 JANUARY 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. 2. The order of Ryan J of 18 April 2002 ordering the arrest of the first respondent be discharged. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 209 OF 2002
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: HELLENIC REPUBLIC
APPELLANT
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