Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CYF16 v Minister for Immigration and Border Protection (No 2) [2019] FCA 169 Appeal from: CYF16 v Minister for Immigration [2017] FCCA 3108
File number: NSD 2246 of 2017
Judge: MARKOVIC J
Date of judgment: 21 February 2019
Catchwords: COSTS – application for costs in relation to first instance proceeding – where appellant succeeded on appeal on ground not raised before primary judge – whether satisfactory explanation – whether each party should pay its own costs – application dismissed.
Legislation: Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: BCR16 v Minister for Immigration and Border Protection (No 2) [2017] FCAFC 120 BOZ16 v Minister for Immigration and Border Protection [2018] FCA 418 CYF16 v Minister for Immigration and Border Protection [2018] FCA 2034
Date of hearing: Determined on the papers
Date of last submissions: 15 January 2019 (Appellant) 6 February 2019 (First Respondents)
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 12
Solicitor for the Appellant: Varess
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS NSD 2246 of 2017
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