von Arnim v Federal Republic of Germany [1999] FCA 1747

FEDERAL COURT OF AUSTRALIA

von Arnim v Federal Republic of Germany [1999] FCA 1747

EXTRADITION – application for release from custody pending appeal – release sought pursuant to an application for bail and a writ of habeas corpus – principles applicable to application for bail due to special circumstances – availability of a writ of habeas corpus in the Federal Court of Australia – application for bail and habeas corpus based on claim to diplomatic immunity – proof of diplomatic immunity. Extradition Act 1988 (Cth): s 19(9), s 21, s 22(5) Schoenmakers v Director of Public Prosecutions (No 2) (1991) 31 FCR 429 cited Wu v Attorney‑General of the Commonwealth (1997) 79 FCR 303 cited Bertran v Minister for Justice (1999) 165 ALR 155 followed Schoenmakers v Director of Public Prosecutions (1991) 30 FCR 70 cited Bedgood v Keeper of Her Majesty's Penitentiary at Malabar [1975] 2 NSWLR 144 cited Duff v The Queen (1979) 28 ALR 663 cited DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM, MD v FEDERAL REPUBLIC OF GERMANY & ANOR V 502 of 1999 GOLDBERG J 15 DECEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 502 of 1999

BETWEEN: DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM, MD

Appellant

AND: FEDERAL REPUBLIC OF GERMANY

Represented by DPP COMMONWEALTH

First Respondent

MR McLENNAN SM,

MAGISTRATES' COURT, MELBOURNE

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 15 DECEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application by the appellant for a writ of habeas corpus is dismissed. 2. The application by the appellant that he be released on bail pending the hearing of his appeal to the Full Court of the Federal Court is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules