Montgomery v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1444

Federal Court of Australia

Montgomery v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1444 File number(s): NSD 500 of 2020

Judgment of: SC DERRINGTON J

Date of judgment: 22 November 2021

Catchwords: COSTS – where applicant detained under s 189(1) of Migration Act 1958 (Cth) – where constitutional question of applicant's status removed to High Court – where applicant nonetheless succeeded in Federal Court in application for habeas corpus and certiorari on administrative law grounds – where applicant made offers to respondent to concede matters on grounds which ultimately succeeded – whether costs to be awarded on indemnity basis

Legislation: Constitution s 51(xix) Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) ss 39B, 40(1) Migration Act 1958 (Cth) ss 189(1), 196, 476A, 501CA

Cases cited: Aldi Foods Pty Ltd v Transport Workers' Union of Australia [2020] FCAFC 231; 282 FCR 174 Associated Steamships Pty Ltd v Seafarers Safety, Rehabilitation and Compensation Authority (No 2) [2020] FCA 853 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223; 358 ALR 405 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 843 Montgomery v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1423 Tregida v Pasma Holdings Pty Limited (No 2) [2021] FCA 1439 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190