The Republic of Finland v Tervonen

Federal Court of Australia (Full Court)|2008-03-06|Before: Gyles J, Rares J

The Republic of Finland v Tervonen [2008] FCAFC 25 THE REPUBLIC OF FINLAND v JAN TERVONEN AND MAGISTRATE PAUL LYON NSD 2525 OF 2007

NEW SOUTH WALES DISTRICT REGISTRY NSD 2525 of 2007

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: THE REPUBLIC OF FINLAND

Orders 1, 2 and 3 made by Gyles J on 20 December 2007 be set aside and, in lieu thereof, the matter be remitted to his Honour to be determined according to law.

The first respondent be arrested pursuant to s 21(6)(e) of the Extradition Act 1988 (Cth).

The first respondent pay the appellant's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

NEW SOUTH WALES DISTRICT REGISTRY NSD 2525 of 2007

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: THE REPUBLIC OF FINLAND

REASONS FOR JUDGMENT THE COURT: 1 This is an appeal from orders made by Gyles J on 20 December 2007. 2 The parties agreed that the outcome of this appeal turns solely upon whether the appeal from Rares J in Tervonen v Minister for Justice and Customs (No 2) [2007] FCA 1684 succeeds. 3 We have made orders today the effect of which is to allow the appeal from Rares J: see Minister for Home Affairs v Tervonen [2008] FCAFC 24. It follows that we propose to make orders 1 - 4 in the Notice of Appeal filed on 21 December 2007, as follows: (1) The appeal be allowed. (2) Orders 1, 2 and 3 made by Gyles J on 20 December 2007 be set aside and, in lieu thereof, the matter be remitted to his Honour to be determined according to law. (3) The first respondent be arrested pursuant to s 21(6)(e) of the Extradition Act 1988 (Cth). (4) The first respondent pay the appellant's costs of the appeal. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate: Date: 6 March 2008 Counsel for the Appellant: Mr R Beech-Jones SC with Ms K Morgan

Solicitor for the Appellant: Commonwealth Director of Public Prosecutions

At a glance

Court

Decision date

Before

Source

Judgment (13 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (2)

Cited By (2)