NSW Caselaw
New South Wales Court of Appeal
CITATION: Snedden v Nationwide News Pty Limited [2010] NSWCA 98
HEARING DATE(S): 3 May 2010
JUDGMENT DATE: 3 May 2010
JUDGMENT OF: Hodgson JA at 1
EX TEMPORE JUDGMENT DATE: 3 May 2010
1. I order that the appeal be stayed until further order. 2. I order that, unless on or before 5 July 2010 the appellant files an affidavit disclosing either that he has notified Darryl Parrish of his whereabouts and made himself available to be taken into custody pursuant to the order made by Deputy Chief Magistrate Cloran on 12 April 2007 and confirmed by the High Court of Australia on 30 March 2010 or that he has been actually taken into custody pursuant to that order, then the appeal is dismissed with costs. DECISION: 3. If such an affidavit is filed on or before 5 July 2010, then the notice of motion is to be promptly re-listed before the Registrar so that the question of stay and security for costs and any other issue can be further considered. 4. I order that Mr Snedden pay the costs to date of the notice of motion. 5. I will vacate the listing for directions.
CATCHWORDS: PROCEDURE – Appeal – Appellant evading lawful custody and in breach of High Court order – Appeal stayed – Whether appeal should be summarily dismissed.
LEGISLATION CITED: Extradition Act 1988 (Cth) s 12, s22 Uniform Civil Procedure Rules rules 13.4, 42.21, 51.50
CATEGORY: Procedural and other rulings
PARTIES: NATIONWIDE NEWS PTY LIMITED (Applicant/Respondent) Daniel SNEDDEN (Respondent/Appellant)
FILE NUMBER(S): CA 2005/269445
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