Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vasiljkovic v The Honourable Brendan O'Connor (No 2) [2011] FCAFC 125 Citation: Vasiljkovic v The Honourable Brendan O'Connor (No 2) [2011] FCAFC 125
Appeal from: Vasiljkovic v Honourable Brendan O'Connor [2010] FCA 1246
Parties: DRAGAN VASILJKOVIC v THE HONOURABLE BRENDAN O'CONNOR (COMMONWEALTH MINISTER FOR HOME AFFAIRS), THE HONOURABLE ROBERT MCCLELLAND (COMMONWEALTH ATTORNEY-GENERAL), THE REPUBLIC OF CROATIA, THE OFFICER IN CHARGE SILVERWATER PRISON and THE FORMER MINISTER FOR JUSTICE AND CUSTOMS (THE HONOURABLE CHRISTOPHER MARTIN ELLISON)
File number: NSD 1720 of 2010
Judges: KEANE CJ, DOWSETT AND JESSUP JJ
Date of judgment: 30 September 2011
Catchwords: PRACTICE AND PROCEDURE – Motion for summary dismissal of proceeding – Prior adjudication – Whether claims res judicata – Whether merged in previous judgments – Whether claims ought to have been raised in previous proceedings – Whether raising claims in present proceeding amounted to abuse of process. EXTRADITION – Staged process of determinations by different officials – Whether issues necessarily involved in earlier determinations could be challenged at later stage – Whether earlier determinations now closed events.
Legislation: Extradition Act 1988 (Cth) ss 6, 12, 15, 16, 19, 21 & 22 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules O 20 r 5
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