Trimbole v Commonwealth [1984] HCA 83

Trimbole v Commonwealth [1984] HCA 83

The Extradition (Republic of Ireland) Regulations were validly made under the Extradition (Foreign States) Act 1966 (Cth) s. 10(4), and the objections raised as to reciprocity, satisfaction of prerequisites, proclamation wording, parliamentary procedures, and requisition form do not invalidate the regulations or requisition. Accordingly, the plaintiff's summons is dismissed and the statement of claim struck out.

Jurisdiction
Australia
Procedural Posture
Original Jurisdiction / Judgment and Orders
Outcome
Plaintiff's summons dismissed; defendants' motion to strike out statement of claim granted; judgment for the defendants with costs.
Legal Topics
['extradition' 'validity of Regulations' 'reciprocity in Extradition' 'interpretation of Statutory Requirements']
['administrative Law' 'criminal Law'] ['extradition' 'validity of Regulations' 'reciprocity in Extradition' 'interpretation of Statutory Requirements']

Case Brief

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Procedural Posture

Original Jurisdiction / Judgment and Orders

Legal Issues

  1. 1 ['Whether the Extradition (Republic of Ireland) Regulations were validly made under s. 10(4) of the Extradition (Foreign States) Act 1966 (Cth)' 'Whether requisite reciprocity existed between Irish and Australian extradition law' 'Whether the Governor-General was properly satisfied as required by s. 10(4)' 'Whether the regulations were invalid due to technical defects' 'Whether the laying of regulations before Parliament affected validity due to House of Representatives dissolution' 'Whether the document sent was a valid requisition for extradition']

Ratio Decidendi

The Extradition (Republic of Ireland) Regulations were validly made under the Extradition (Foreign States) Act 1966 (Cth) s. 10(4), and the objections raised as to reciprocity, satisfaction of prerequisites, proclamation wording, parliamentary procedures, and requisition form do not invalidate the regulations or requisition. Accordingly, the plaintiff's summons is dismissed and the statement of claim struck out.

Court Disposition

Plaintiff's summons dismissed; defendants' motion to strike out statement of claim granted; judgment for the defendants with costs.

Orders

  • ["Plaintiff's summons dismissed." "Defendants' motion to strike out statement of claim granted." 'Judgment for the defendants in the action with costs.']