Federal Court of Australia
Federal Court of Australia
AOU21 v Minister for Home Affairs (No 2) [2021] FCAFC 212 File numbers: NSD 1355 of 2020 NSD 1378 of 2020
Judgment of: GRIFFITHS, MORTIMER AND PERRY JJ
Date of judgment: 23 November 2021
Catchwords: PRACTICE AND PROCEDURE – costs – two proceedings heard together – costs not resolved at mediation – where appeal from Federal Circuit Court and original jurisdiction proceeding seeking declaratory and other relief raised substantively the same underlying issues – where original jurisdiction proceeding substantially successful – where applicant obtained declaratory relief that the preconditions in s 198AH(1A) of the Migration Act 1958 (Cth) were met – appropriate case to apportion costs in original jurisdiction proceeding – where appeal dismissed – no order as to costs in appeal proceeding
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Migration Act 1958 (Cth) ss 189, 198AH, 198AD(2)
Cases cited: AOU21 v Minister for Home Affairs [2021] FCAFC 60 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (in liq) [2011] FCAFC 136; 197 FCR 13 New South Wales Lotteries Corporation Pty Ltd v Kuzmanovski (No 2) [2011] FCAFC 152
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 15
Date of last submissions: 22 October 2021
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