Federal Court of Australia
Federal Court of Australia
Trail (A Pseudonym) v Secretary, Department of Home Affairs (Costs) [2023] FCA 1563 File number(s): NSD 1318 of 2021
Judgment of: HALLEY J
Date of judgment: 11 December 2023
Catchwords: COSTS – where substantive hearing adjourned on two previous occasions – whether the respondent should pay the applicant's costs of preparation for, and attendance at the first vacated hearing on 12 May 2022 – whether parties should otherwise pay their own costs or the applicant should pay the respondent's costs of the proceedings – where no departure from the usual rule that costs follow the event, other than with respect to adjourned hearings on 12 May 2022 and 14 September 2022
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Migration Act 1985 (Cth) s 198
Cases cited: Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 5) (2021) 151 ACSR 26; [2021] FCA 246 EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92 Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61; [2016] FCAFC 27 Michael Trail (A Pseudonym) v Secretary, Department of Home Affairs [2023] FCA 1061 NZYQ v Minister for Immigration Citizenship and Multicultural Affairs [2023] HCA 37 Paul v Cooke (Costs) [2012] NSWSC 1203 Richards v Han (Costs) [2023] FCA 211 Ruddock and Others v Vadarlis and Others (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Summers v Repatriation Commission (No 2) [2015] FCAFC 64
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