Adamas v The Hon Brendan O'Connor (No 3) [2012] FCA 365

Adamas v The Hon Brendan O'Connor (No 3) [2012] FCA 365

Although the Court had jurisdiction under s 23 of the Federal Court of Australia Act 1976 (Cth) to consider bail, the applicant failed to establish special circumstances required for bail in extradition proceedings. The matters relied on were primarily relevant to flight risk and did not overcome the presumption against bail, particularly at the late stage of the extradition proceedings. Costs of the review were apportioned because the applicant succeeded on grounds that engaged greater consideration but failed on other grounds that were misconceived or impermissible merits challenges.

Jurisdiction
Australia
Judgment Date
12 April 2012
Procedural Posture
Extradition Judicial Review; Application for Bail and Costs / Post Judgment Application Following Orders Quashing the S 22 Surrender Determination and S 23 Surrender Warrant, Pending the First Respondent's Appeal
Outcome
Application for bail refused; first respondent ordered to pay 50% of the applicant's costs of the application for review; no order as to costs of the bail application or the costs application.
Legal Topics
['bail in Extradition Proceedings' 'special Circumstances' 'risk of Flight' 'jurisdiction Under S 23 of the Federal Court of Australia Act 1976 (cth)' 'judicial Review Under S 39 B of the Judiciary Act 1903 (cth)' 'costs Apportionment']
['extradition' 'administrative Law' 'federal Jurisdiction' 'costs'] ['bail in Extradition Proceedings' 'special Circumstances' 'risk of Flight' 'jurisdiction Under S 23 of the Federal Court of Australia Act 1976 (cth)' 'judicial Review Under S 39 B of the Judiciary Act 1903 (cth)' 'costs Apportionment']

Case Brief

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Procedural Posture

Extradition Judicial Review; Application for Bail and Costs / Post Judgment Application Following Orders Quashing the S 22 Surrender Determination and S 23 Surrender Warrant, Pending the First Respondent's Appeal

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction under s 23 of the Federal Court of Australia Act 1976 (Cth) to grant bail in the extradition-related judicial review proceedings.' "Whether the Extradition Act 1988 (Cth) impliedly excluded the Court's jurisdiction to grant bail in the circumstances." 'Whether the Court ought to exercise any power to grant bail where the relief sought might not itself result in release from custody.' 'Whether special circumstances existed to justify bail in extradition proceedings.' 'What costs order should be made after the applicant succeeded on some grounds of review but failed on others.']

Ratio Decidendi

Although the Court had jurisdiction under s 23 of the Federal Court of Australia Act 1976 (Cth) to consider bail, the applicant failed to establish special circumstances required for bail in extradition proceedings. The matters relied on were primarily relevant to flight risk and did not overcome the presumption against bail, particularly at the late stage of the extradition proceedings. Costs of the review were apportioned because the applicant succeeded on grounds that engaged greater consideration but failed on other grounds that were misconceived or impermissible merits challenges.

Court Disposition

Application for bail refused; first respondent ordered to pay 50% of the applicant's costs of the application for review; no order as to costs of the bail application or the costs application.

Orders

  • ['The first respondent pay 50% of the costs of the applicant in respect to the application for review, such costs to be taxed if not agreed.' 'The application for bail is refused.' 'There be no order as to the costs associated with the application for bail or in relation to the application for the costs of the...