Federal Court of Australia
.. JUDGMENT No. 763.7
ia
CATCHWORDS
Extradition - Warrants issued for committal of applicants - whether acts or omissions in respect of which surrender requested were set out in warrants - principle of double
criminality.
Extradition (Foreign States) Act 1966 ss.4, 15, 16, 17, 18.
HARALD ROLF LINHART and PAULA BONGARDT v. ELWYN EDGARD ERNEST ELMS (First Respondent), THE HONOURABLE LIONEL BOWEN, HER MAJESTY'S ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
(Second Respondent) and THE FEDERAL REPUBLIC OF GERMANY (Third Respondent).
No. G665 of 1987
Pea
Beaumont J x m AS
An On ve
boa f ad Sydney of . cc 08 | \ 4 4 , ' 14 December 1987 Ae \ - Jal ) XN or
NY al a
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ) No. G665 of 1987 ) )
GENERAL DIVISION
BETWEEN: HARALD ROLF LINHART and PAULA BONGARDT
Applicants
AND: ELWYN EDGARD ERNEST ELMS
First Respondent
THE HONOURABLE LIONEL BOWEN, HER MAJESTY'S ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
Second Respondent
THE FEDERAL REPUBLIC OF GERMANY
Third Respondent
COURT: BEAUMONT J.
PLACE: SYDNEY
DATE: 14 DECEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS
1. Declare that: (a) the warrants of committal are invalid to the extent that they are based on the charges referred to in recital (a)(1ii) of the warrants;
(b) otherwise the warrants are valid.
2. Make no order as to costs.
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 ) No. G665 of 1987 ) )
GENERAL DIVISION
BETWEEN: HARALD ROLF LINHART and PAULA BONGARDT
Applicants
AND: ELWYN EDGARD ERNEST ELMS
First Respondent
THE HONOURABLE LIONEL
BOWEN, HER MAJESTY'S ATTORNEY-GENERAL FOR THE
COMMONWEALTH OF AUSTRALIA
Second Respondent
THE FEDERAL REPUBLIC OF GERMANY
Third Respondent
CORAM: BEAUMONT J PLACE: SYDNEY DATE: 14 DECEMBER 1987
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate