Hempel, Arthur James & Anor v Moore, Kenneth & Anor [1987] FCA 257

[31 Nor Po Diskieetiony

IN THE FEDERAL COURT OF AUSTRALIA

) } WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G 125 of 1986 » )

GENERAL DIVISION

ON _APP. FROM THE FED:

COURT

OF AUSTRALIA CONSTITUTED BY A

SINGLE JUDGE

BETWEEN

LAURENCE ETHEREDGE

Appellants

AND: KENNETH MOORE

ARTHUR JAMES HEMPEL and

First Respondent

DIRECTOR OF PUBLIC PROSECUTIONS

MINUTE OF QRDER

CORAM : Fox, Neaves and Wilcox JJ. DATE OF ORDER : 22 May 1987 WHERE MADE : Perth

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellants pay the respondent of the appeal,

Note: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

Second Respondent

costs of

the

second

[ong

,

IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G 125 of 1986 ) GENERAL DIVISION )

ON _APP FROM THE RAL COURT OF AUSTRALIA CONSTITUTED BY _A

SINGLE JUDGE BETWEEN: ARTHUR JAMES HEMPEL and LAURENCE ETHEREDGE Appellants

AND: KENNETH MOORE First Respondent

DIRECTOR OF PUBLIC PROSECUTIONS

Second Respondent

CORAM: Fox, Neaves and Wilcox JJ. DATE: 22 May 1987

THE COURT:

This is an appeal from a judgment given on 10 December 1986 by this Court constituted by a single Judge (Burchett J.) upon an application made by Arthur James Hempel] and Lawrence Etheredge ("the appellants") pursuant to s8.18(1) of the Extradition (Foreign States) Act 1966 (Cth) ("the Act") to review the validity of a decision made by a Magistrate ("the first respondent") whereby the appellants were committed to Prison to await the warrant of the Attorney-General of the

Commonwealth for their surrender to the State of Israel. His

Honour dismissed the application and, pursuant to 3.18(3) of the Act, made an order confirming the decision of the first respondent in relation to each of the appellants. The second

respondent to the appeal is the Director of Public