McDade v United Kingdom [1999] FCA 1341

FEDERAL COURT OF AUSTRALIA

McDade v The United Kingdom [1999] FCA 1341

EXTRADITION – proceedings to determine eligibility for surrender – production of "supporting documents" – statement setting out "conduct constituting the offence" – whether statement may include acts and facts which go beyond those necessary to establish the offence – whether a separate statement is required in relation to each offence – whether statement must be self-sufficient or may be included in more than one document – whether statement may incorporate other documents by reference.

Extradition Act 1988 (Cth), ss 10(2), 19(2)(a), 19(3)(c)(ii)

Linhart v Elms (1988) 81 ALR 557 referred to

Wiest v Director of Public Prosecutions (1988) 23 FCR 472 followed

Todhunter v United States of America (1995) 57 FCR 70 referred to

Zoeller v Federal Republic of Germany (1989) 23 FCR 282 followed

Unkel v DPP (1990) 95 ALR 44 referred to

United States of America v Holt (1994) 49 FCR 501 referred to

STEPHEN GERARD McDADE v THE UNITED KINGDOM and

PETER MALONE

W 13 OF 1999

CARR J

24 SEPTEMBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 13 OF 1999

BETWEEN: STEPHEN GERARD McDADE

Applicant

AND: THE UNITED KINGDOM

First Respondent

PETER MALONE

Second Respondent

JUDGE: CARR J

DATE OF ORDER: 24 SEPTEMBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The order of the second respondent, made on 5 February 1999, is confirmed. 3. The applicant pay the first respondent's costs of the application. 4. The above orders shall not take effect until 1 October 1999 at 4.30 pm. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA