Chan v Minister for Justice & Customs [2001] FCA 170

FEDERAL COURT OF AUSTRALIA

Chan v Minister for Justice and Customs [2001] FCA 170 PRACTICE AND PROCEDURE – interlocutory application – proceedings seeking judicial review of the respondent's decision pursuant to s 22(2) of the Extradition Act 1988 (Cth) that the applicant is to be surrendered to the Hong Kong Special Administrative Region – whether the Court is empowered to make an interlocutory order releasing the applicant from custody pending the finalisation of proceeding

Extradition Act 1988 (Cth) ss 19, 22, 23(2), 23(5), 26(6) Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 23 Jackson v Sterling Industries Ltd (1987) 162 CLR 612 followed Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 at [35] referred to Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 at [41]-[42] referred to Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 distinguished Betkhoshabeh v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 504 distinguished Peniche v Vanstone (1999) 96 FCR 38 followed ALLAN CHAN v MINISTER FOR JUSTICE AND CUSTOMS N 90 of 2001 STONE J 2 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 90 OF 2001

BETWEEN: ALLAN CHAN

APPLICANT

AND: MINISTER FOR JUSTICE AND CUSTOMS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 2 MARCH 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The execution of the s 23 surrender warrant issued on 10 July 2001 be stayed pending the finalisation of this proceeding. 2. An interlocutory order releasing the applicant from custody pending the finalisation of these proceedings be refused. 3. Costs be reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.