Chan v Commonwealth Director of Public Prosecutions [1999] FCA 1634

Chan v Commonwealth Director of Public Prosecutions [1999] FCA 1634

On the evidence filed, particularly Mr Gregory Walsh's affidavit of 9 November 1999, the Court was satisfied that extreme and special circumstances justified granting bail under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth), and the application was unopposed.

Jurisdiction
Australia
Judgment Date
11 November 1999
Procedural Posture
Application for Review With Application for Bail Under the Extradition Act 1988 (cth) / Bail Application Pending Hearing of the Application for Review
Outcome
Bail granted to the applicant on conditions; hearing expedited; leave granted to approach the Registrar for a hearing date and to apply on 2 days' notice.
Legal Topics
['bail' 'extreme and Special Circumstances' 'application for Review' 'federal Court Orders']
['extradition' 'criminal Procedure'] ['bail' 'extreme and Special Circumstances' 'application for Review' 'federal Court Orders']

Case Brief

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Procedural Posture

Application for Review With Application for Bail Under the Extradition Act 1988 (cth) / Bail Application Pending Hearing of the Application for Review

Legal Issues

  1. 1 ['Whether the applicant should be granted bail pursuant to s 21(6)(f)(iv) of the Extradition Act 1988 (Cth).' 'Whether extreme and special circumstances existed to justify bail.']

Ratio Decidendi

On the evidence filed, particularly Mr Gregory Walsh's affidavit of 9 November 1999, the Court was satisfied that extreme and special circumstances justified granting bail under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth), and the application was unopposed.

Court Disposition

Bail granted to the applicant on conditions; hearing expedited; leave granted to approach the Registrar for a hearing date and to apply on 2 days' notice.

Orders

  • ['The applicant be released on bail on the stated conditions.' 'The applicant enter into a recognizance to appear in this court on each day upon which his Application for Review is listed for hearing until the hearing is concluded or further order.' "The applicant's parents, Chan Chung Sang and Chan Nora, enter into...