Timar v Republic of Hungary [1999] FCA 1559

FEDERAL COURT OF AUSTRALIA

Timar v The Republic of Hungary [1999] FCA 1559 EXTRADITION – release from custody pending hearing – special circumstances justifying release – ill health as special circumstance. Extradition Act 1988 (Cth): s 21(6)(f)(iv) Schoenmakers v Director of Public Prosecutions (No 2) (1991) 31 FCR 429 cited Holt v Hogan (No 1) (1993) 44 FCR 572 cited Wu v Attorney-General of the Commonwealth (1997) 79 FCR 303 cited Bertran v Vanstone [1999] FCA 464 followed

LASZLO PEREGRIN TIMAR v THE REPUBLIC OF HUNGARY and THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

V 616 of 1999

BRANSON, GOLDBERG and DOWSETT JJ 10 NOVEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 616 of 1999

BETWEEN: LASZLO PEREGRIN TIMAR

Applicant

AND: THE REPUBLIC OF HUNGARY

First Respondent

THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

Second Respondent

JUDGES: BRANSON, GOLDBERG and DOWSETT JJ

DATE OF ORDER: 10 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: Upon the order of Weinberg J made on 5 November 1999 coming into effect, 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