Cabal v United Mexican States (No 6) [2000] FCA 651

FEDERAL COURT OF AUSTRALIA

Cabal v United Mexican States (No 6) [2000] FCA 651 COSTS – extradition proceeding – two applications for bail – whether costs awarded in bail applications - jurisdiction of Federal Court of Australia to award costs – comparison with awards of costs in criminal proceedings. Federal Court of Australia Act 1976 (Cth): s 43

Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40‑748 cited R v Scott (1993) 42 FCR 1 cited The King v Clifford (1824) 2 LJ OS (KB) 210 cited Latoudis v Casey (1990) 170 CLR 534 cited Oshlack v Richmond River Council (1998) 193 CLR 72 cited

CARLOS CABAL PENICHE & MARCO PASINI BERTRAN v UNITED MEXICAN STATES & ANOR (No 6 ) V 728 of 1999 GOLDBERG J MELBOURNE 17 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No V 728 of 1999

BETWEEN: CARLOS CABAL PENICHE

First Applicant

MARCO PASINI BERTRAN

Second Applicant

AND: UNITED MEXICAN STATES

First Respondent

LISA HANNAN M

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 17 MAY 2000

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. There be no order as to costs in respect of the applicants' applications, filed on 17 December 1999 and 9 February 2000, that they be released on bail until the review has been conducted. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No V 728 of 1999

BETWEEN: CARLOS CABAL PENICHE

First Applicant

MARCO PASINI BERTRAN

Second Applicant

AND: UNITED MEXICAN STATES

First Respondent

LISA HANNAN M

Second Respondent

JUDGE: GOLDBERG J

DATE: 17 MAY 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT