Federal Court of Australia
Federal Court of Australia
Kaur v Minister For Immigration, Citizenship, Migrant Services And Multicultural Affairs (Costs) [2020] FCA 1247 File number: WAD 98 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 27 August 2020
Catchwords: COSTS – discontinuance – where further prosecution of the proceeding has become futile – whether there is any reason to depart from the ordinary rule that there be no order as to costs – whether either party acted unreasonably by continuing proceedings after certain points – Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin 186 CLR 622 applied Held: No order as to costs
Legislation: Federal Court Rules 2011 (Cth) r 26.12
Cases cited: Blatch v Archer [1774] EngR 2; (1774) 1 Cowp 63; (1774) 98 ER 969 Clark v ING Life Limited [2007] FCA 1960 DQR16 v Minister for Immigration and Border Protection [2017] FCA 96 El Ossman v Minister for Immigration and Border Protection [2017] FCA 636; (2017) 248 FCR 491 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL [2020] FCA 394 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Yates Property Corporation Pty Ltd v Boland [2000] FCA 1106; (2000) 179 ALR 664
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 29
Date of last submissions: 14 August 2020
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