Federal Court of Australia
JUDCMENT Mo, AIG 7 88
CATCHWORDS
EXTRADITION - requirement of double criminality - meaning of "equivalent act or omission" - whether offences 1n relation to foreign institutions "equivalent to" offences in relation to local institutions - whether allegations made sufficient to support finding of criminality under local law.
Companies (NSW) Code
Crimes Act 1900 (NSW)
Extradition (Foreign States) Act 1966
Fugitive Offenders Act 1967 (U.K.)
(Administrative Decisions (Judicial Review) Act 1977
Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 (NSW)
Extradition (Federal Republic of Germany) Regulations 1985 Extradition (Federal Republic of Germany) Regulations (Amendment) Companies (NSW) Code
Schlieske v Federal Republic of Germany (1987) 71 ALR 215 Riley v The Commonwealth (1985) 159 CLR 1 R v Governor of Brixton Prison; oF parte Rush (1969) 1 WLR 165
The King v Weaver (1931) 45 CLR R v Governor of Brixton Prison; ex parte Gardner (1968) 2 QB 399
HARALD ROLF LINHART and PAULA BONGARDT v
ELWYN EDGARD ERNEST ELMS,
THE HONOURABLE LIONEL BOWEN, HER MAJESTY'S ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA and
THE FEDERAL REPUBLIC OF GERMANY
G782 of 1987. ct.
CORAM: FOX, GUMMOW AND FOSTER JJ. PLACE: SYDNEY. - DATE: 20 JUNE 1988.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) No. G782 of 1987
) GENERAL DIVISION )
ON APPEAL from a single judge of the Federal Court of Australia
BETWEEN:
HARALD ROLF LINHART and PAULA BONGARDT
Appellants/Cross Respondents AND:
ELWYN EDGARD ERNEST ELMS
First Respondent AND:
THE HONOURABLE LIONEL BOWEN, HER MAJESTY'S ATTORNEY GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
Second Respondent AND:
THE FEDERAL REPUBLIC OF GERMANY
Third Respondent/Cross Appellant
MINUTE OF ORDER
JUDGES MAKING ORDER: FOX, GUMMOW & FOSTER JJ. DATE OF ORDER: 20 JUNE 1988 WHERE MADE: SYDNEY
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