Linhart, H.R. & Anor v Elms, E.E. & Ors [1987] FCA 676

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supeMeENT No. Gilbey, BZ.

CATCHWORDS

EXTRADITION -— Extradition (Foreign States) Act 1966 - s.17(6) — review pending of magistrate's decision to commit to prison - application for bail under s.15 Administrative Decisions (Judicial Review) Act - unavailability of bail under Extradition Act - application for bail granted.

Extradition (Foreign States) Act 1966 - s.17(6) Administrative Decisions (Judicial Review) Act 1977 - s.15

HAROLD ROLF LINHART and PAULA BONGART v. ELWYN EDGARD ERNEST ELMS, THE HONOURABLE LIONEL BOWEN, Attorney General for the Commonwealth of Australia and THE FEDERAL REPUBLIC OF GERMANY

No. G 665 of 1987

Morling J.

26 November 1987

Sydney

—

erat ee

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 665 of 1987

GENERAL DIVISION

BETWEEN: HAROLD ROLF LINHART and PAULA BONGART

Applicants

AND: ELWYN EDGARD ERNEST ELMS

First Respondent

AND: THE HONOURABLE LIONEL BOWEN, ATTORNEY GENERAL FOR THE COMMONWEALTH OF AUSTRALIA

Second Respondent

AND: THE FEDERAL REPUBLIC OF GERMANY

Third Respondent

MINUTE OF ORDER JUDGE MAKING ORDER

Morling J.

DATE OF ORDER

26 November 1987 WHERE MADE

Sydney

THE COURT ORDERS AS FOLLOWS:

That pursuant to s.15 of the Judicial Review Act the operation of the warrants of committal under s.17(6) of the Extradition (Foreign States) Act 1966 issued against the applicants be suspended until the final determination of the application under the Judicial Review Act or further order, on the following conditions:

wor pr te pert ee

so oeer eee :

moe "3

rege See ene ER

2 eee

"=

1.

NOTE:

2.

That the applicants not apply for the return of their passports which are currently in the possession of the Australian Federal Police, nor apply for fresh passports.

That the applicants stay away from any

point of departure overseas from Australia.

That the applicants report each Monday and Friday to the officer in charge of Vaucluse