von Arnim v Federal Republic of Germany (No 3)

[2005] FCA 1128

FEDERAL COURT OF AUSTRALIA

von Arnim v Federal Republic of Germany (No 3) [2005] FCA 1128

DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM v FEDERAL REPUBLIC OF GERMANY (Represented by the Commonwealth Director of Public Prosecutions), THE COMMONWEALTH MINISTER FOR JUSTICE AND CUSTOMS, COMMONWEALTH OF AUSTRALIA and GROUP 4 CORRECTION SERVICES PTY LTD

V 316 of 2001

FINKELSTEIN J
16 AUGUST 2005
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 316 of 2001

BETWEEN:	DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM Applicant
AND:	FEDERAL REPUBLIC OF GERMANY (Represented by the Commonwealth Director of Public Prosecutions), THE COMMONWEALTH MINISTER FOR JUSTICE AND CUSTOMS, COMMONWEALTH OF AUSTRALIA and GROUP 4 CORRECTION SERVICES PTY LTD Respondents
JUDGE:	FINKELSTEIN J
DATE OF ORDER:	16 AUGUST 2005
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the second and third respondents’ costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 316 of 2001

BETWEEN:	DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM Applicant
AND:	FEDERAL REPUBLIC OF GERMANY (Represented by the Commonwealth Director of Public Prosecutions), THE COMMONWEALTH MINISTER FOR JUSTICE AND CUSTOMS, COMMONWEALTH OF AUSTRALIA and GROUP 4 CORRECTION SERVICES PTY LTD Respondents
JUDGE:	FINKELSTEIN J
DATE:	16 AUGUST 2005
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. I delivered reasons for judgment in this application on 3 June 2005.  In view of the complexity of the case I made no final orders disposing of the application, but requested the applicant to inform me if there was a particular claim not specifically dealt with but which would not be decided against him in light of the findings I had made.  In response, the applicant identified aspects of his submissions which had not been specifically discussed in my reasons, as well as cases upon which he had relied but to which I had made no reference.  None of the submissions and none of the cases are of any continuing relevance having regard to the findings I have in fact made.  There being no other issues that I need to decide, the appropriate order to make is to dismiss the application with costs.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Finkelstein.

Associate:

Dated:            16 August 2005

Counsel for the Applicant:	Mr B Monotti
Solicitor for the Applicant:	Ms K Moorhouse-Perks
Counsel for the 2nd & 3rd Respondents:	Mr B Walters SC Mr L Maher
Solicitor for the 2nd & 3rd Respondents:	Australian Government Solicitor
Date of Applicant’s Further Submission:	8 June 2005
Date of Judgment:	16 August 2005