Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bains v Minister for Immigration and Citizenship (No 2) [2012] FCA 814 Citation: Bains v Minister for Immigration and Citizenship (No 2) [2012] FCA 814
Appeal from: Bains v Minister for Immigration and Citizenship [2011] FMCA 452
Parties: HARINDER SINGH BAINS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: VID 753 of 2011
Judge: BROMBERG J
Date of judgment: 2 August 2012
Catchwords: COSTS – Section 43 of the Federal Court of Australia Act – whether a departure from usual costs order warranted –successful party failed on an issue that occupied much of the hearing – successful party first raised late in the hearing the issue upon which it succeeded – order made that each party bear its own costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Migration Regulations 1994 (Cth) Schedule 2 cl 572.314
Cases cited: Bains v Minister for Immigration and Citizenship [2012] FCA 649 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229
Date of hearing: Heard on the papers
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 11
Counsel for the Appellant: Mr A Naidu
Solicitor for the Appellant: Jade Lawyers
Counsel for the First Respondent: Ms C Symons
Solicitor for the First Respondent: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 753 of 2011
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