Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phong v Attorney-General for the Commonwealth [2001] FCA 843
EXTRADITION - Applicant extradited from Hong Kong in respect of an offence under the Customs Act 1901 (Cth)- Applicant defendant in proceedings in County Court - Applicant initially charged with and convicted of a more serious offence than alleged in extradition request – Retrial ordered – Challenge to applicant's extradition – Challenge to proceedings against applicant – Challenge to applicant's sentence and detention – Writ of habeas corpus – Injunction PRACTICE AND PROCEDURE – Whether the Court has jurisdiction to deal with the application – Whether the Court has jurisdiction pursuant to s39B of the Judiciary Act 1903 (Cth) – Whether the Court has inherent jurisdiction – Whether the Court has jurisdiction under s23 of the Federal Court Act 1976 (Cth) – Whether the Court has accrued jurisdiction
Customs Act 1901 (Cth) s233B(1)(b)
Judiciary Act 1903 (Cth) s39B
Extradition Act 1988 (Cth)
Federal Court of Australia Act 1976 (Cth) s23
Clarke v Commonwealth Director of Public Prosecutions [2000] FCA 849, (2000) 99 FCR 294 followed
Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30; (1998) 195 CLR 1 at [35] applied
Jackson v Stirling Industries Ltd (1987) 162 CLR 612 applied
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to
KEN HA KHANH PHONG -v- ATTORNEY-GENERAL FOR THE COMMONWEALTH, COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS, COMMONWEALTH OF AUSTRALIA and GROUP 4 CORRECTION SERVICES PTY LTD (ACN 050 069 255)
V 644 OF 2001
MARSHALL J
MELBOURNE
27 JUNE 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 644 OF 2001
BETWEEN: KEN HA KHANH PHONG
APPLICANT
AND: ATTORNEY-GENERAL FOR THE COMMONWEALTH
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