FEDERAL COURT OF AUSTRALIA
The Republic of Finland v Tervonen [2008] FCAFC 25
THE REPUBLIC OF FINLAND v JAN TERVONEN AND MAGISTRATE PAUL LYON
NSD 2525 OF 2007
JACOBSON, bennett & buchanan JJ
6 MARCH 2008
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2525 of 2007 |
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
THE REPUBLIC OF FINLAND Appellant
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AND: |
JAN TERVONEN First Respondent
MAGISTRATE PAUL LYON Second Respondent
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JUDGES: |
JACOBSON, bennett & buchanan JJ |
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DATE OF ORDER: |
6 MARCH 2008 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
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.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2525 of 2007 |
ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
THE REPUBLIC OF FINLAND Appellant
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AND: |
JAN TERVONEN First Respondent
MAGISTRATE PAUL LYON Second Respondent
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JUDGES: |
JACOBSON, bennett & buchanan JJ |
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DATE: |
6 MARCH 2008 |
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PLACE: |
SYDNEY |
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.
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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
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Counsel for the Appellant: |
Mr R Beech-Jones SC with Ms K Morgan |
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Solicitor for the Appellant: |
Commonwealth Director of Public Prosecutions |
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Counsel for the Respondent: |
Mr D Ash |
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Date of Hearing: |
15 February 2008 |
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Date of Judgment: |
6 March 2008 |
