Chan v Commonwealth Director of Public Prosecutions

[1999] FCA 1634

FEDERAL COURT OF AUSTRALIA

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

ALLAN CHAN v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
N 1290 OF 1999

TAMBERLIN J

SYDNEY
11 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1290 OF 1999

BETWEEN:

ALLAN CHAN
APPLICANT

AND:

COMMONWEALTH DIRECTOR
OF PUBLIC PROSECUTIONS
FIRST RESPONDENT

PAUL CLORAN
SECOND RESPONDENT

JUDGE:

TAMBERLIN J

DATE OF ORDER:

11 NOVEMBER 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The applicant be released on bail on the following conditions:

(a)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 thereof is concluded or until further order.

(b)The applicant’s parents, Chan Chung Sang and Chan Nora, enter into a recognizance in the sum of $75,000.00 each, secured of the property situate at 8/30 Dutruc Street, Randwick requiring the said Chan Chung Sang and Chan Nora to forfeit to the Crown the sum of $150,00.00 in the event that the applicant does not appear as required in paragraph (a).

(c)The applicant surrender his Australian passport to the court until further order.

(d)The applicant report daily to the Pennant Hills Police Station between the hours of 8.00 am until 8.00 pm.

(e)The applicant remain away from all places, including airports from which aircrafts or ships depart Australia for overseas.

(f)        The applicant reside at 57 Thomas Wilkinson Drive, Dural.

2.The hearing be expedited.

3.Leave be granted to the parties to approach the Registrar for a date for hearing.

4.Leave be granted to apply on 2 days’ notice.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1290 OF 1999

BETWEEN:

ALLAN CHAN
APPLICANT

AND:

COMMONWEALTH DIRECTOR
OF PUBLIC PROSECUTIONS
FIRST RESPONDENT

PAUL CLORAN
SECOND RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	11 NOVEMBER 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I am satisfied on reading the evidence and considering the documents which have been filed before me, particularly the evidence of Mr Gregory Walsh in the affidavit of 9 November 1999, that this is a clear case for the Court to grant bail to the applicant pursuant to the provisions of s 21(6)(f)(iv) of the Extradition Act 1988 (Cth). In my view, there are extreme and special circumstances which justify adopting such a course and I note that the application is not opposed by the first respondent, and there is no other indication of any objection to the application.

2. Accordingly, I make orders in accordance with the short minutes of orders which have been handed up to me with the addition of the additional cl 1(f), and I also make an order that the hearing be expedited and that leave be granted to the parties to approach the Registrar for a date for hearing.  Liberty to apply on two days' notice in relation to the working out of any of the orders is reserved.

3. I will sign those orders and appropriate arrangements can then be made with the Registry for the taking out of the formal orders.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:             23 November 1999

Solicitor appearing for the Applicant:	G Walsh
Solicitor for the Applicant:	Greg Walsh & Co
Counsel for the Respondent:	M Poberezny
Solicitor for the Respondent:	Commonwealth Director of Public Prosecutions
Date of Hearing:	11 November 1999
Date of Judgment:	11 November 1999