Chan v Minister for Justice and Customs (2001) FCA 170

In this matter Greg Walsh represented the applicant in respect of an interlocutory application seeking the stay of a s.23 surrender warrant pending the finalisation of the proceedings. The basis of the application, inter alia, was that the Applicant was HIV positive and had been in detention pursuant to a warrant issued under s.19 of the Extradition Act since about June 2000. Mr Chan had been HIV positive for about 13 years and medical evidence was to the effect that his health was very precarious and that his life expectancy would be severely compromised. Stone J granted the application and ordered a stay and released Mr Chan from custody pending finalisation of the proceedings.