Tervonen v Minister for Home Affairs [2008] FCA 596

Tervonen v Minister for Home Affairs [2008] FCA 596

Because the Minister gave an unequivocal assurance that no reliance would be placed on the November 2007 notice, the Applicant accepted there was no utility in pursuing declaratory relief and that the discovery application was unnecessary; the remaining issue was costs, to be resolved on written submissions.

Jurisdiction
Australia
Judgment Date
30 April 2008
Procedural Posture
Proceedings Seeking a Declaration That a Notice Issued Under S 16(1) of the Extradition Act 1988 (cth) Was Invalid; Amended Notice of Motion Seeking Discovery / Interlocutory Motion and Directions for Written Submissions on Costs
Outcome
Directions made for written submissions on costs; liberty to apply. The Court noted the Minister's assurance and that the principal relief and costs orders would be dealt with together later.
Legal Topics
['discovery' 'declaratory Relief' 'section 16 Notice' 'costs Submissions']
['practice and Procedure' 'extradition'] ['discovery' 'declaratory Relief' 'section 16 Notice' 'costs Submissions']

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Procedural Posture

Proceedings Seeking a Declaration That a Notice Issued Under S 16(1) of the Extradition Act 1988 (cth) Was Invalid; Amended Notice of Motion Seeking Discovery / Interlocutory Motion and Directions for Written Submissions on Costs

Legal Issues

  1. 1 ['Whether discovery should be ordered against the Respondents' 'Whether declaratory relief concerning the November 2007 s 16 notice had utility after the Minister assured the Court that no reliance would be placed on that notice' 'How the remaining question of costs should be resolved']

Ratio Decidendi

Because the Minister gave an unequivocal assurance that no reliance would be placed on the November 2007 notice, the Applicant accepted there was no utility in pursuing declaratory relief and that the discovery application was unnecessary; the remaining issue was costs, to be resolved on written submissions.

Court Disposition

Directions made for written submissions on costs; liberty to apply. The Court noted the Minister's assurance and that the principal relief and costs orders would be dealt with together later.

Orders

  • ['The Applicant to file and serve a Statement of Facts annexing correspondence relevant to the question of costs together with an Outline of Submissions as to costs on or before 15 May 2008.' 'The First Respondent to file and serve a Statement of Facts annexing such correspondence as it sees fit and relevant to the...