Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barney v United Kingdom [2012] FCA 51 Citation: Barney v United Kingdom [2012] FCA 51
Parties: MARCUS BARNEY AKA ALAN TONY HARTE v UNITED KINGDOM and MAGISTRATE HUBER
File number: NSD 122 of 2012
Judge: ROBERTSON J
Date of judgment: 3 February 2012
Catchwords: EXTRADITION – bail – magistrate's refusal to remand applicant on bail ADMINISTRATIVE LAW – Judicial review of decision of magistrate – whether magistrate erred in law in concluding that "special circumstances" under s 15(6) of the Extradition Act 1988 (Cth) not made out
Legislation: Extradition Act 1988 (Cth), s 15(2) and 15(6)
Cases cited: Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 applied Cabal v United Mexican States (2001) 180 ALR 593 considered Cabal v United Mexican States (2000) 174 ALR 747 considered Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 applied Industry Research & Development Board v Bridgestone Australia Ltd (2001) 109 FCR 564 cited McCrea v Minister for Customs and Justice (2005) 145 FCR 269 considered Roy Morgan Research v Commissioner of Taxation (2010) 184 FCR 448 followed United Mexican States v Cabal (2001) 209 CLR 165 applied United States v Green (2009) 257 ALR 252 not followed Vetter v Lake Macquarie City Council (2001) 202 CLR 439 applied Williams v Bill Williams Pty Ltd [1971] 1 NSWLR 547 applied
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