Federal Court of Australia
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JUDGMENT No. 51/97,
CATCHWORDS
Extradition -— whether multiple extradition proceedings lawful under Extradition (Foreign States) Act 1966, ss.13, 15, 16, 16A and 17 - "speciality" rule - distributive construction of statutory provisions - power to seize property.
Constitutional Law - Two Ministers of State administering one Department - responsible government - whether in contravention of s.64 of the Constitution - Acting Minister - Acts Interpretation
Act, s.19
GUENTER ZOELLER v. THE HONOURABLE LIONEL FROST BOWEN, ATTORNEY- GENERAL OF THE COMMONWEALTH OF AUSTRALIA & ORS.
No. G406 of 1987
Beaumont, J. Sydney 16 September 1987
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IN THE FEDERAL COURT OF AUSTRALIA )
) NEW SOUTH WALES DISTRICT REGISTRY ) No. G406 of 1987 )
GENERAL DIVISION )
BETWEEN: GUENTER ZOELLER Applicant AND: THE HONOURABLE LIONEL FROST BOWEN,
ATTORNEY GENERAL OF THE COMMONWEALTH
OF AUSTRALIA
First Respondent
AND: THE HONOURABLE MICHAEL JOHN DUFFY,MINISTER OF STATE FOR TRADE NEGOTIATIONS
Second Respondent
STANLEY DAVID KITCHENER HYDE, MAGISTRATE
AND
Third Respondent
AND: KEVIN ROBERT WEBB, MAGISTRATE
Fourth Respondent
AND: THE FEDERAL REPUBLIC OF GERMANY
Fifth Respondent
AND: THE COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE
Sixth Respondent
AND: RAYMOND CARLIN
Seventh Respondent
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2.
MINUTES OF ORDER
Judge making order: Beaumont, J.
Date order made: 16 September 1987
Where made: Sydney
THE COURT ORDERS:
1.
Note:
Declare that the seizure of the applicant's property described in the application for an order for review was unlawful. Reserve liberty to the applicant to apply for further relief in this
connection. Proceedings otherwise dismissed.
Applicant to pay one-half of the respondents' costs.
Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
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