Farina v Honourable Amanda Vanstone [2000] FCA 662

Farina v Honourable Amanda Vanstone [2000] FCA 662

The application for an extension of time was granted due to the delay in delivery of reasons for the previous decision, and because the draft notice of appeal was lodged soon after reasons became available. However, the application for a stay was dismissed because the grounds for appeal largely reiterated earlier matters, nothing new of significance was raised, and the appeal had no reasonable prospect of success.

Parties
Applicant: Giovanni Farina; Respondent: Amanda Vanstone
Jurisdiction
Australia
Judgment Date
17 May 2000
Procedural Posture
Judicial Review / Application for Stay and Extension of Time Pending Appeal
Outcome
Extension of time granted; application for stay dismissed with costs.
Legal Topics
Application for Stay, Extension of Time, Judicial Review, Appeal Procedures
Extradition Administrative Law Application for Stay Extension of Time Judicial Review Appeal Procedures

Case Brief

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Parties

Giovanni Farina

Applicant

Amanda Vanstone

Respondent

Procedural Posture

Judicial Review / Application for Stay and Extension of Time Pending Appeal

Legal Issues

  1. 1 Whether applicant should be granted an extension of time to lodge a notice of appeal
  2. 2 Whether a stay of execution of orders for surrender should be granted pending an appeal and proceedings before the European Court of Human Rights

Ratio Decidendi

The application for an extension of time was granted due to the delay in delivery of reasons for the previous decision, and because the draft notice of appeal was lodged soon after reasons became available. However, the application for a stay was dismissed because the grounds for appeal largely reiterated earlier matters, nothing new of significance was raised, and the appeal had no reasonable prospect of success.

Court Disposition

Extension of time granted; application for stay dismissed with costs.

Orders

  • The application for an extension of time within which to lodge an appeal is granted. There is no order as to costs.
  • The application for a stay is dismissed with costs.