Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Donoghue v Attorney-General for the Commonwealth of Australia [2013] FCA 904 Citation: O'Donoghue v Attorney-General for the Commonwealth of Australia [2013] FCA 904
Parties: VINCENT THOMAS O'DONOGHUE v ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA, IAN JOHNSON, COMMISSIONER DEPARTMENT OF CORRECTIVE SERVICES and MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: WAD 94 of 2013
Judge: MCKERRACHER J
Date of judgment: 6 September 2013
Catchwords: EXTRADITION – summary judgment application by Commonwealth of Australia – whether no reasonable prospect of the applicant successfully prosecuting the proceeding – where the only relief sought by the applicant in the originating application was an injunction to prevent his removal from Australia while his various civil proceedings were before various civil courts, including before the Federal Court – where applicant had already been extradited to the Republic of Ireland
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules 2011 (Cth) r 26.01(1)
Cases cited: O'Donoghue v Attorney-General for the Commonwealth of Australia [2013] FCA 319 O'Donoghue v Attorney-General for the Commonwealth of Australia [2013] FCA 382 Spencer v The Commonwealth of Australia (2010) 241 CLR 118
Date of hearing: Determined on the papers
Date of last submissions: 22 July 2013
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