Federal Court of Australia
Federal Court of Australia
Plaintiff S111A/2018 v Minister for Home Affairs (No 5) [2022] FCA 603 File number(s): NSD 584 of 2019
Judgment of: MORTIMER J
Date of judgment: 23 May 2022
Catchwords: COSTS – where applicant substantially successful in the proceedings – where proceedings were lengthy – disparity between parties as to resources – where one party caused changed circumstances relevant to proceedings – respondents ordered to pay costs for different periods during proceedings – costs to be fixed by way of lump sums
Legislation: Migration Act 1958 (Cth) s 46A(2)
Cases cited: AJL20 v Commonwealth [2020] FCA 1305; 279 FCR 549 Automotive, Food, Metals Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd (No 2) [2015] FCAFC 123; 235 FCR 366 Axent Holdings Pty Ltd t/a Axent Global v Compusign Australia Pty Ltd [2020] FCA 1835 Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Bowman v Commonwealth of Australia [2022] FCA 594 Cabal v United Mexican States (No 6) [2000] FCA 651; 174 ALR 747 Commonwealth v AJL20 [2021] HCA 21; 95 ALJR 567 Cretazzo v Lombardi (1975) 13 SASR 4 DBE17 v Commonwealth of Australia (No 2) [2018] FCA 1793 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53; 90 AJLR 270 Herold v Seally (No 3) [2017] FCA 95 Hockey v Fairfax Media Publications Pty Ltd (No 2) [2015] FCA 750; 237 FCR 127 MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 559 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL (costs) [2021] FCAFC 75 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v MB [2021] FCAFC 194 Plaintiff S111A/2018 v Minister for Home Affairs [2019] FCA 1271 Plaintiff S111A/2018 v Minister of Home Affairs (No 3) [2021] FCA 207 Plaintiff S111A/2018 v Minister for Home Affairs (No 4) [2022] FCA 329 Summers v Repatriation Commission (No 2) [2015] FCAFC 64 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201
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