Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Republic of Finland v Tervonen [2008] FCAFC 25 THE REPUBLIC OF FINLAND v JAN TERVONEN AND MAGISTRATE PAUL LYON NSD 2525 OF 2007
JACOBSON, bennett & buchanan JJ
6 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2525 of 2007
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: THE REPUBLIC OF FINLAND
Appellant
AND: JAN TERVONEN
First Respondent
MAGISTRATE PAUL LYON
Second Respondent
JUDGES: JACOBSON, bennett & buchanan JJ DATE OF ORDER: 6 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. Orders 1, 2 and 3 made by Gyles J on 20 December 2007 be set aside and, in lieu thereof, the matter be remitted to his Honour to be determined according to law.
3. The first respondent be arrested pursuant to s 21(6)(e) of the Extradition Act 1988 (Cth).
4. The first respondent pay the appellant's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2525 of 2007
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: THE REPUBLIC OF FINLAND
Appellant
AND: JAN TERVONEN
First Respondent
MAGISTRATE PAUL LYON
Second Respondent
JUDGES: JACOBSON, bennett & buchanan JJ
DATE: 6 MARCH 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT THE COURT: 1 This is an appeal from orders made by Gyles J on 20 December 2007. 2 The parties agreed that the outcome of this appeal turns solely upon whether the appeal from Rares J in Tervonen v Minister for Justice and Customs (No 2) [2007] FCA 1684 succeeds. 3 We have made orders today the effect of which is to allow the appeal from Rares J: see Minister for Home Affairs v Tervonen [2008] FCAFC 24. It follows that we propose to make orders 1 – 4 in the Notice of Appeal filed on 21 December 2007, as follows: (1) The appeal be allowed. (2) Orders 1, 2 and 3 made by Gyles J on 20 December 2007 be set aside and, in lieu thereof, the matter be remitted to his Honour to be determined according to law. (3) The first respondent be arrested pursuant to s 21(6)(e) of the Extradition Act 1988 (Cth). (4) The first respondent pay the appellant's costs of the appeal. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.
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