Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tervonen v Minister for Home Affairs (No 2) [2008] FCA 872
PRACTICE AND PROCEDURE – leave to discontinue proceedings – "underlying policy" of Federal Court Rules as to costs – ability to make preliminary assessment as to merits of Motion seeking discovery – no order for costs
Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 1979 (Cth),O 15, r 15, O 22, r 3
Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 followed Australian Securities Commission v Somerville (1994) 51 FCR 38 followed Champagne View Pty Ltd v Shearwater Resort Management Pty Ltd [2000] VSC 214 considered Clark v ING Life Ltd [2007] FCA 1960 followed Dutton v Republic of South Africa [1999] FCA 1016, 92 FCR 575 cited Gribbles Pathology Pty Ltd v Health Insurance Commission (1997) 80 FCR 284 followed Minister for Home Affairs v Tervonen [2008] FCAFC 24, 101 ALD 12 cited O'Neill v Mann [2000] FCA 1680 followed Smith v Airservices Australia [2005] FCA 997, 146 FCR 37 followed Tervonen v Minister for Justice and Customs [2007] FCA 1684, 98 ALD 589 cited Trade Practices Commission v CC (New South Wales) Pty Ltd (1995) 58 FCR 426 followed Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 42 FLR 213 followed JAN TERVONEN v MINISTER FOR HOME AFFAIRS AND FINLAND
NSD 2467 OF 2007
FLICK J
12 JUNE 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2467 OF 2007
BETWEEN: JAN TERVONEN
Applicant
AND: MINISTER FOR HOME AFFAIRS
First Respondent
FINLAND
Second Respondent
JUDGE: FLICK J DATE OF ORDER: 12 JUNE 2008
WHERE MADE: SYDNEY
THE COURT: 1. Notes the assurance of the First Respondent that no reliance is to be placed upon the notice issued under s 16(1) of the Extradition Act 1988 (Cth) on 11 November 2007. THE ORDERS OF THE COURT ARE: 1. Subject to Order 2, leave be given to the Applicant to discontinue the proceedings. 2. Without the prior leave of the Court, no proceedings are to be commenced by the Applicant seeking to review the notice issued under s 16 of the Extradition Act 1988 (Cth) on 11 November 2007. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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