CRS20 v Secretary, Department of Home Affairs (Costs) [2024] FCA 656

Federal Court of Australia

CRS20 v Secretary, Department of Home Affairs (Costs) [2024] FCA 656 File number: VID 123 of 2024

Judgment of: WHEELAHAN J

Date of judgment: 18 June 2024

Catchwords: COSTS — application for costs where the applicant was successful in a claim for habeas corpus – where the respondents submitted that each side should bear its own costs on the basis that the dispositive issue was raised after the close of evidence – the fact that the dispositive issue was raised late did not result in wasted costs – the applicant and his lawyers did not fail to act consistently with the overarching purpose as required by ss 37N(1)–(2) of the Federal Court of Australia Act 1976 (Cth) – costs should follow the event – where the applicant also sought indemnity costs for a further hearing after the delivery of judgment – the respondents did not act in a manner such as to warrant an order for indemnity costs – order that the respondents pay the applicant's costs of the proceeding made.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(3), 37N(1)–(2), 37N(4) Migration Act 1958 (Cth) ss 46A(2), 198, 198(11), 198AD, 198AD(1), 198AE Federal Court Rules 2011 (Cth)

Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 AZC20 v Minister for Home Affairs [2021] FCA 1234 CRS20 v Secretary, Department of Home Affairs [2024] FCA 619 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AZC20 [2022] FCAFC 52; 290 FCR 149 Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53; 251 CLR 322