Balderrama v The Commissioner for Australian Federal Police [2001] FCA 577

FEDERAL COURT OF AUSTRALIA

Balderrama v The Commissioner for Australian Federal Police [2001] FCA 577 PRACTICE AND PROCEDURE – Security for costs –– Extradition proceedings – whether Court should decline to exercise discretion under Order 28 Rule 3(1)(a) Federal Court Rules – allegations of fraud and bad faith – applicants in custody – whether proceeding a defensive proceeding Extradition Act 1988 (Cth) ss 12, 15, 16, 19, 22 Federal Court Rules Order 28 Rule 3(1)(a) Freedom of Information Act 1982 (Cth) P.S. Chellerman Co Limited v China Ocean Shipping Co & Anor (1991) 102 ALR 321 cited FRANCESCO JAVIER RIOS BALDERRAMA v THE COMMISSIONER FOR AUSTRALIAN FEDERAL POLICE N 383 OF 2001 EMMETT J 10 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 383 OF 2001

BETWEEN: FRANCISCO JAVIER RIOS BALDERRAMA

FIRST APPLICANT

EDUARDO ARMANDO GARCIA QUIROZ

SECOND APPLICANT

AND: THE COMMISSIONER FOR THE AUSTRALIAN FEDERAL POLICE

FIRST RESPONDENT

UNITED STATES OF AMERICA

SECOND RESPONDENT

MAGISTRATE LESLIE BRENNAN

THIRD RESPONDENT

THE COMMONWEALTH ATTORNEY GENERAL

FIFTH RESPONDENT

COMMISSIONER FOR CORRECTIVE SERVICES

SEVENTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 10 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Security be provided by the applicants jointly in the sum of $10 000 for each of the first, second and fifth respondents. 2. Such security is to be furnished within 21 days in a form satisfactory to the Registrar. 3. The matter be stood over for further directions on Friday 8 June at 9.30am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.