Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Viane v Minister for Immigration and Border Protection (No 2) [2018] FCAFC 175 Appeal from: Viane v Minister for Immigration and Border Protection [2018] FCA 3
File number: NSD 100 of 2018
Judges: REEVES, RANGIAH AND COLVIN JJ
Date of judgment: 16 October 2018
Catchwords: MIGRATION - costs - whether appeal succeeded on ground not raised or comprising only a 'sliver' of appellant's argument before primary judge - whether appellant should be awarded costs of the proceedings below
Legislation: Migration Act 1958 (Cth)
Cases cited: Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Snedden v Republic of Croatia (No 2) [2009] FCAFC 132 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116
Date of hearing: Determined on the papers
Date of last submissions: 29 August 2018 (Appellant) 27 August 2018 (Respondent)
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 18
Counsel for the Appellant: Mr KP Tang and Mr J Donnelly
Solicitor for the Appellant: D'Agostino Solicitors
Counsel for the Respondent: Mr BD Kaplan
Solicitor for the Respondent: HWL Ebsworth Lawyers
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