Marku v Republic of Albania (No 3) [2012] FCA 1183

Marku v Republic of Albania (No 3) [2012] FCA 1183

The court held that while considerations like those in Cabal No 6 may support a departure from the general rule that costs follow the event, they do not constitute a binding principle. Given the circumstances—pending litigation on identity and unresolved proceedings—it is premature to decide costs and appropriate to reserve the question.

Jurisdiction
Australia
Judgment Date
26 October 2012
Procedural Posture
Judicial Review of Extradition Proceedings, Costs Determination / Post Trial, Determination of Costs After Resolution of Separate Questions
Outcome
Question of costs reserved; no determination as to which party should pay costs at this stage.
Legal Topics
['costs' 'mistaken Identity in Extradition' 'judicial Discretion' 'habeas Corpus Analogies']
['extradition' 'civil Procedure'] ['costs' 'mistaken Identity in Extradition' 'judicial Discretion' 'habeas Corpus Analogies']

Case Brief

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Procedural Posture

Judicial Review of Extradition Proceedings, Costs Determination / Post Trial, Determination of Costs After Resolution of Separate Questions

Legal Issues

  1. 1 ["Whether the applicant should pay the respondent's costs of the trial of the separate questions when the applicant, although unsuccessful, was detained and seeking liberty through pro bono representation" 'Whether the considerations in Cabal v United Mexican States (No 6) create a principle exempting detained applicants from adverse costs, or are merely factors in judicial discretion']

Ratio Decidendi

The court held that while considerations like those in Cabal No 6 may support a departure from the general rule that costs follow the event, they do not constitute a binding principle. Given the circumstances—pending litigation on identity and unresolved proceedings—it is premature to decide costs and appropriate to reserve the question.

Court Disposition

Question of costs reserved; no determination as to which party should pay costs at this stage.

Orders

  • ['The question of the costs of the trial of the separate question be reserved.']