Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCA 955

Federal Court of Australia

Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCA 955 File number: TAD 19 of 2020

Judgment of: MORTIMER J

Date of judgment: 12 August 2021

Catchwords: COSTS – discretion to award costs – costs of hearing and determination of migration proceeding – whether to depart from usual costs rule – particular circumstances of the case justified departure from the usual costs rule – whether circumstances of application to intervene require order as to costs – each party to bear its own costs

Legislation: Migration Act 1958 (Cth)

Cases cited: Australian Securities and Investments Commission v Merlin Diamonds Limited (No 4) [2020] FCA 990 Buzzacott v Minister for Sustainability, Environment, Water, Population & Communities (No 3) [2012] FCA 744 Cabal v United Mexican States (No 6) [2000] FCA 651; 174 ALR 747 CFMEU v Queensland Coal and Oil Shale Mining Industry (Superannuation Ltd) [2003] FCA 1174; 132 FCR 516 Commonwealth v Tasmania [1983] HCA 21; 158 CLR 1 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53; 90 ALJR 270 Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 647 Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1872 Johnston v Cameron [2002] FCAFC 301 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3; 94 ALJR 198 Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1 Minister for Home Affairs v Benbrika [2021] HCA 4; 95 ALJR 166 O'Toole v Charles David Pty Ltd [1990] HCA 44; 171 CLR 232 Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229 Singh v Commonwealth [2004] HCA 43; 222 CLR 322