Klepp, H.H. v Gibb, W.P. & anor [1988] FCA 374

JUDGMENT No. 371.7..88._.

CATCHWORDS

Extradition -— Extradition (Foreign States) Act 1966 (Cth) - Treaty of extradition between Australia and Republic of Austria - Regulations applying Act to Republic of Austria subject to Treaty and Protocol - Whether evidence necessary that Treaty and Protocol in force - Relationship between terms of Treaty and statutory provisions - Whether documents duly authenticated and therefore admissible in evidence — Whether duly authenticated material contained a statement or description of the offence for which extradition sought — Whether acts or omissions relied upon, if committed in Victoria, would constitute a criminal offence in that State - Whether it was open to the Magistrate to be satisfied that person liable to be surrendered - Whether a person holding office as a Magistrate in and for the State of Victoria authorized to exercise powers under the Act ~ Comments upon form of warrant issued under the Act.

Extradition (Foreign States) Act 1966 (Cth), ss.4(1A), 10, 11, 12, 13, 17, 18, 24, 26 Extradition (Republic of Austria) Regulations, reg.3

a

HANS HEINZ KLEPP v. WILLIAM PATERSON GIBB & ANOR

V G 446 of 1987

Sweeney, Jenkinson and Neaves JJ. 18 July 1988

Melbourne

cy

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

) ) ) No. V G 446 of 1987 ) )

THE COURT:

DATE OF ORDER

WHERE MADE

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: HANS HEINZ KLEPP

Appellant AND: WILLIAM PATERSON GIBB First Respondent REPUBLIC OF AUSTRIA

' Second Respondent

MINUTE OF ORDER

Sweeney, Jenkinson and Neaves JJ.

18 July 1988

Melbourne

THE COURT ORDERS THAT:

1. 2.

The appeal be allowed.

The orders made on 18 November 1987 be set aside and, in Lieu thereof, 1t be ordered -

(i)

(ii)

(iii)

that the decision of the first respondent (William Paterson Gibb) made on 7 August 1987 and the warrant issued by him on that date be set aside;