Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McDade v United Kingdom [1999] FCA 509
EXTRADITION – release of person pending review of decision ordering extradition- whether "special circumstances" to justify release WORDS & PHRASES - "special circumstances" Extradition Act (1988) (Cth) s21(6)(f)(iv) Kainhoffer v Director of Public Prosecutions (1993) 120 ALR 98, applied STEPHEN GERARD McDADE v UNITED KINGDOM and PETER MALONE W 13 of 1999
R D NICHOLSON J 26 MARCH 1999 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 13 OF 1999
BETWEEN: STEPHEN GERARD McDADE
Applicant
AND: UNITED KINGDOM
First Respondent
PETER MALONE
Second Respondent JUDGE: R D NICHOLSON J
DATE OF ORDER: 26 MARCH 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: The applicant be released on bail on the terms and conditions that he: (1) provide a personal undertaking in the amount of $100,000 with a similar surety approved by a Justice of the Peace; (2) surrender any passport to the Commonwealth Director of Public Prosecutions; (3) not apply for the issue of any passport or other document of travel; (4) reside at 41 Hartington Way, Carine; (5) not sell or offer to sell his residence at 41 Hartington Way, Carine; (6) not leave the area situated within a radius of 100 km from the General Post Office, Perth; (7) report daily to the Officer in Charge, Warwick Police Station. until his application for review dated 11 February 1999 has been heard.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 13 OF 1999
BETWEEN: STEPHEN GERARD McDADE
Applicant
AND: UNITED KINGDOM
First Respondent
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