Edwin Holmes v Commonwealth of Australia

Where an appellant dies before an extradition appeal is heard, the court may dispose of and finally determine the appeal without attendance where the circumstances make continuation inappropriate and the parties raise no objection.

The court may make no order as to costs while directing detailed assessment of publicly funded costs.

This was an extradition appeal listed for hearing on 16 March 2023. The appellant died at a hospice on 21 February 2023. His death certificate was provided to the respondent and the court. The court informed the parties that it was minded to list the case for disposal without attendance, and neither party objected or proposed an alternative course.

1. The appellant’s death meant that the extradition appeal could be disposed of without an attended hearing. The court was satisfied that this course was appropriate in the circumstances.
2. The appeal was disposed of and finally determined. No substantive issue on the merits was decided.
3. There was no order as to costs, save that the appellant’s publicly funded costs were to be subject to detailed assessment.

The judgment records only that this was an extradition appeal listed for hearing before the Administrative Court. No citation for the decision under appeal is stated.