Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zentai v Republic of Hungary [2007] FCA 842
APPEALS – extradition – unsuccessful proceedings in Federal Court challenging power of magistrate to determine eligibility for extradition – Full Federal Court appeal dismissed – special leave application to High Court - application to restrain requesting country from prosecuting eligibility proceedings before magistrate – no power to make order – eligibility review unlikely to resume before special leave application heard and determined – availability of alternative remedies Extradition Act 1988 (Cth) s 19 Magistrates Court Act 2004 (WA) s 6 Judiciary Act 1903 (Cth) s 77U Trade Practices Commission v Manfal Pty Ltd (1990) 27 FCR 284 CHARLES ZENTAI v REPUBLIC OF HUNGARY, STEPHEN HEATH, THE MAGISTRATES COURT OF WESTERN AUSTRALIA AND THE COMMONWEALTH OF AUSTRALIA WAD273 OF 2006
FRENCH J
29 MAY 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD273 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: CHARLES ZENTAI
Appellant
REPUBLIC OF HUNGARY
First Respondent
STEPHEN HEATH
Second Respondent
THE MAGISTRATES COURT OF WESTERN AUSTRALIA
Third Respondent
THE COMMONWEALTH OF AUSTRALIA
Fourth Respondent
JUDGE: FRENCH J
DATE OF ORDER: 29 MAY 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appellant's motion is dismissed.
2. The appellant is to pay the respondents' costs of the motion.
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 WAD273 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: CHARLES ZENTAI
Appellant
AND: REPUBLIC OF HUNGARY
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