Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BSX15 v Minister for Immigration and Border Protection [2016] FCA 230 File number: VID 473 of 2015
Judge: ROBERTSON J
Date of judgment: 8 March 2016
Catchwords: EVIDENCE – claim to public interest immunity – ruling on the claim separate to the lis in which the claim arose – whether costs should be reserved COSTS – appropriate order where notice to produce substantially narrowed to a single document and where the claim to public interest immunity in relation to part of that document abandoned – claim to public interest immunity abandoned after the exchange of written submissions and two business days before the hearing of the claim to public interest immunity – Held: Director General of Security should pay applicant's costs on and from the time it became clear that the applicant pressed for access only to the single document – before that time each party should bear his own costs
Legislation: Australian Security Intelligence Organisation Act 1979 (Cth) s 37
Cases cited: Young v Quin (1985) 4 FCR 483
Date of hearing: 8 March 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: Mr T Brennan
Solicitor for the Applicant: SBA Lawyers
Counsel for the Second Respondent: Mr P Connor
Solicitor for the Respondents: Australian Government Solicitor
ORDERS VID 473 of 2015
BETWEEN: BSX15 Applicant
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