Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zentai v Republic of Hungary (No 2) [2006] FCA 1735
MIGRATION – extradition – application to stay eligibility proceedings in Magistrates Court pending outcome of appeal Extradition Act 1988 (Cth) s 19 Federal Court of Australia Act 1976 (Cth) s 23
Tuncak and Others v Young (1987) 14 ALD 286 cited NAMU of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 999 cited Bercove v Hermes (No 2) (1983) 51 ALR 105 cited CHARLES ZENTAI v REPUBLIC OF HUNGARY, ELIZABETH WOODS AND COMMONWEALTH OF AUSTRALIA WAD 31 OF 2006
FRENCH J
30 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 31 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: CHARLES ZENTAI
Applicant
AND: REPUBLIC OF HUNGARY
First Respondent
ELIZABETH WOODS
Second Respondent
COMMONWEALTH OF AUSTRALIA
Third Respondent
JUDGE: FRENCH J DATE OF ORDER: 30 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The first respondent is hereby restrained, until the determination by the Full Court of the appeal in WAD 273 of 2006 or further order, from prosecuting the eligibility proceedings under s 19 of the Extradition Act 1988 (Cth) before any member of the Magistrates Court of Western Australia. 2. There is liberty to any party to apply. 3. The motion and affidavit in support of these proceedings be uplifted and filed with the original application. 4. The costs of the motion are reserved to the Full Court.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 31 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: CHARLES ZENTAI
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