Federal Court of Australia
Federal Court of Australia
EIL18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 926 Appeal from: EIL18 v Minister for Immigration & Anor [2020] FCCA 2675
File number(s): WAD 204 of 2020
Judgment of: KENNY J
Date of judgment: 11 August 2022
Catchwords: COSTS – appeal from Federal Circuit Court – where appellant succeeded on new ground – costs award at first instance substantially greater than that for which Division 1 of Part 3 of Schedule 1 of lower court's Rules provided – appellant unrepresented at first instance hearing – whether first instance costs order should be set aside or costs award on appeal offset against costs award below – first instance costs award set aside – parties to bear own costs of proceedings below
Legislation: Federal Circuit Court of Australia Act 1999 (Cth), s 79 Federal Circuit Court Rules 2001 (Cth), rr 21.02(2), 44.15, Pt 44, Div 1 of Pt 3 of Sch. 1 Federal Court of Australia Act 1976 (Cth), s 43 Migration Act 1958 (Cth)
Cases cited: AJQ16 v Minister for Immigration and Border Protection (No 2) [2018] FCA 389 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd. (No 2) [2015] FCAFC 166; 235 FCR 366 BAU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1169 BCH17 v Minister for Immigration and Border Protection [2018] FCA 300 BCR16 v Minister for Immigration and Border Protection (No 2) [2017] FCAFC 120 Chan v Minister for Immigration and Border Protection [2018] FCA 1323 CIQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCCA 3467 CKV16 v Minister for Immigration and Border Protection [2019] FCA 342 DBB16 v Minister for Immigration and Border Protection [2018] FCAFC 178; 260 FCR 447 Hona v Minister for Immigration and Border Protection [2018] FCA 1564 House v The King [1936] HCA 40; 55 CLR 499 Khan v Minister for Immigration and Border Protection [2017] FCCA 3158 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069; 148 ALD 507 NAOY v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FMCA 275 P & C Cantarella Pty Ltd v Egg Marketing Board for the State of New South Wales [1973] 2 NSWLR 366 Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229 Snedden v Republic of Croatia (No 2) [2009] FCAFC 132 Summers v Repatriation Commission (No 2) [2015] FCAFC 64 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 979 SZRTP v Minister for Immigration and Citizenship (No 2) [2013] FCCA 711 SZUVZ v Minister for Immigration and Border Protection [2015] FCCA 2346
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