Timar v Republic of Hungary [1999] FCA 691

FEDERAL COURT OF AUSTRALIA

Timar v Republic of Hungary [1999] FCA 691

EXTRADITION – person committed to prison pending surrender under surrender warrant – special circumstances justifying release on bail – whether medical condition constitutes special circumstances. WORDS & PHRASES: 'special circumstances'.

Extradition Act 1988 (Cth) ss 19(9), 21(6) Judiciary Act 1903 (Cth) s 39B Schoenmakers v Director of Public Prosecutions (No 2) (1991) 31 FCR 429 at 442 referred to Forrest v Kelly (unreported, Federal Court of Australia, Lockhart, Ryan & Heerey JJ, 20 December 1991) referred to Holt v Hogan (No 1) (1993) 44 FCR 572 referred to Wu v Attorney-General for the Commonwealth (1997) 79 FCR 303 referred to Bertran v Vanstone [1999] FCA 464 applied

LASZLO PEREGRIN TIMAR v THE REPUBLIC OF HUNGARY and

THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

V 193 of 1999 WEINBERG J 24 MAY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 193 OF 1999

BETWEEN: LASZLO PEREGRIN TIMAR

Applicant

AND: THE REPUBLIC OF HUNGARY

First Respondent

THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

Second Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 24 MAY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The applicant be released on bail pursuant to s 21(6)(f)(iv) of the Extradition Act 1988 (Cth) upon the following conditions: (a) The applicant be granted bail on his own undertaking with one surety of $10,000.00. (b) He report to Doncaster Police station each Monday between the hours of 6.00 am and 9.00 pm. (c) He surrender any passport held, and not apply for any other passport. (d) He reside at 27 Toulon Drive, Lower Templestowe. (e) He not leave the State of Victoria. (f) He not attend any international point of departure from Australia. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.