Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allseas Construction S.A. v Minister for Immigration and Citizenship (No 2) [2012] FCA 747 Citation: Allseas Construction S.A. v Minister for Immigration and Citizenship (No 2) [2012] FCA 747
Parties: ALLSEAS CONSTRUCTION S.A. (ARBN 096 664 649) v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: WAD 434 of 2011
Judge: MCKERRACHER J
Date of judgment: 12 July 2012
Catchwords: COSTS – relevant factors to be assessed in exercising discretion conferred under s 43(2) of the Federal Court of Australia Act 1976 (Cth) to award costs – awarding of costs where applicant successfully sought declaratory relief in relation to the interpretation of terms in the Migration Act 1958 (Cth) – held that the applicant had secured significant commercial advantage through the respondent Minister acting as a strenuous contradictor – relevance of complexity of arguments raised by the parties – whether parties made constructive amendments to their positions throughout the proceeding – whether it was necessary for the applicant to pursue the proceeding – relevance of the public interest in the awarding of costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2)
Cases cited: Allseas Construction S.A. v Minister for Immigration and Citizenship [2012] FCA 529
Date of hearing: Determined on the papers
Date of last submissions: 1 June 2012
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 7
Counsel for the Applicant: JB Blackburn
Solicitor for the Applicant: HLS Legal
Counsel for the Respondent: MT Ritter SC
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