Bertran v Vanstone [1999] FCA 1427

FEDERAL COURT OF AUSTRALIA

Bertran v Vanstone [1999] FCA 1427 PROCEDURE – whether leave to amend application should be granted – whether separate questions should be heard and determined before trial. Extradition Act 1988 (Cth) ss 6, 12, 16, 17, 22 Federal Court of Australia Act 1976 (Cth) s 21 Federal Court Rules O 11 r 7, O 13 r 2, O 29 r 2 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 referred Telstra Corporation Ltd v Australian Telecommunications Authority (1995) 133 ALR 417 referred Eshelby v Federated European Bank Ltd (1932) 1 KB 254 cited Shields v Australian and New Zealand Banking Group (unreported, Federal Court of Australia, 15 August 1995) referred Pollack v Retravision (NSW) Limited (unreported, Federal Court of Australia, 17 September 1996) referred Reading Australia Pty Ltd v Australian Mutual Provident Society & Anor [1999] FCA 718 applied Arnold v Attorney-General for Victoria [1995] FCA 727 cited MARCO PASINI BERTRAN v HON. AMANDA VANSTONE & ORS V 120 of 1999 CARLOS CABAL PENICHE v HON. AMANDA VANSTONE & ORS V 121 of 1999 CARLOS CABAL PENICHE v HON. AMANDA VANSTONE & ORS V 222 of 1999

KENNY J MELBOURNE

18 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 120 OF 1999

BETWEEN: MARCO PASINI BERTRAN

Applicant

AND: HON. AMANDA VANSTONE

First Respondent

DAVID McDONNELL

Second Respondent

BRIAN BARROW M

Third Respondent

LISA HANNAN M

Fourth Respondent

JUDGE: KENNY J

DATE OF ORDER: 18 OCTOBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant be granted leave to amend his application in proceeding No. V 120 of 1999, in accordance with Schedule 1 annexed to the notice of motion dated 5 October 1999. 2. The application for the determination of questions separately from any other question before any trial in the proceeding be dismissed. 3. The costs of the notice of motion dated 5 October 1999 as revised by the notice dated 13 October 1999 (up to and including today) be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.