Federal Court of Australia
CATCHWORDS
EXTRADITION - Necessity for evidence before magistrate of commission of offences alleged against fugitive - Whether magistrate concerned with requirements of regulations applying
Extradition (Foreign States) Act to requesting state --
Relationship between Act and regulations.
Extradition (Foreign States) Act 1966 ss.4, 10-17. Extradition (Federal Republic of Germany) Regulations cll.2, 3, 4. ~ as .
Cheng v Governor of Pentonville Prison [1973] AC 931, Dillon v
The Queen [1982] AC 484 and Hempel v Moore (Burchett J, 10 December 1986, not reported) referred to.
NSW. G.506 of 1986 JENS INGO SCHLIESKE v FEDERAL REPUBLIC OF GERMANY & ANOR
Fox, Wilcox and Burchett JJ Sydney 3 March 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.506 of 1986 ) )
GENERAL DIVISION
BETWEEN: JENS INGO SCHLIESKE
Appellant
AND: FEDERAL REPUBLIC OF GERMANY
First Respondent
KEVIN SYDNEY ANDERSON
Second Respondent
CORAM: FOX, WILCOX and BURCHETT JJ PLACE: SYDNEY DATE: 3 MARCH 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders made by Sweeney J be set aside and in lieu
thereof 1t be ordered that the application for review
be dismissed with costs.
Note:
The order made by Sheppard J on 3 October 1986 in relation to the keeping in custody of the appellant,
Jens Ingo Schlieske, be rescinded.
The first respondent, the Federal Republic of
Germany, pay to the appellant his costs of this
appeal.
Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.506 of 1986 ) )
GENERAL DIVISION
BETWEEN: JENS INGO SCHLIESKE
Appellant
AND: FEDERAL REPUBLIC OF GERMANY
First Respondent
KEVIN SYDNEY ANDERSON
Second Respondent
CORAM: FOX, WILCOX and BURCHETT JJ PLACE: SYDNEY DATE: 3 MARCH 1987
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