Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Timar v The Minister for Justice & Customs [2001] FCA 295
EXTRADITION – interlocutory relief - power of the Court to release from custody pending hearing – jurisdiction – preservation of the subject matter of litigation WORDS & PHRASES – "the stream cannot rise higher than its source" Judiciary Act 1903 (Cth) s 39B
Extradition Act 1988 (Cth) ss 12, 19, 22, 23
Federal Court of Australia Act 1976 (Cth)s 21 and s 23
Timar v Republic of Hungary [1999] FCA 1518 referred to
Timar v Republic of Hungary [1999] FCA 1559 referred to
Timar v Republic of Hungary [2000] FCA 755 referred to
Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30, (1998) 195 CLR 1 applied
Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 distinguished
Betkhoshabeh v Minister for Immigration and Multicultural Affairs [1999] FCA 470, (1999) 92 FCR 504 distinguished
Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 31, 153 ALR 641 cited
Tait v The Queen (1962) 108 CLR 620 applied
Tighe v Watson (1998) 86 IR 44 followed
Peniche v Vanstone [1999] FCA 1688, (1999) 96 FCR 38 considered
LASZLO PEREGRIN TIMAR v THE MINISTER FOR JUSTICE AND CUSTOMS V 96 OF 2001 MARSHALL J MELBOURNE 23 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 96 OF 2001
BETWEEN: LASZLO PEREGRIN TIMAR
APPLICANT
AND: THE MINISTER FOR JUSTICE AND CUSTOMS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 23 MARCH 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant's Notice of Motion of 2 March 2001 be dismissed.
2. The applicant pay the respondent's costs of and incidental to the Motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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