QJKY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 879

Federal Court of Australia

QJKY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 879 File number: WAD 95 of 2024

Judgment of: KENNETT J

Date of judgment: 7 August 2024

Catchwords: PRACTICE AND PROCEDURE – costs – where applicant sought habeas corpus and mandamus to compel consideration of visa application – where first respondent considered application before hearing was held and applicant was released from detention – where offers of compromise made on issue of costs only – whether applicant should have costs for achieving "practical outcome" sought in litigation – whether costs awarded should be indemnity costs PRACTICE AND PROCEDURE – set-off – where applicant has outstanding costs liability to one respondent – whether respondents should be permitted to set-off their liability in present proceeding against liability owed to one of them in earlier proceeding

Legislation: Migration Act 1958 (Cth) ss 36, 189, 196

Cases cited: Aristocrat Technologies Australia Pty Ltd v Allam [2017] FCA 812 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Commonwealth v AJL20 [2021] HCA 21; 273 CLR 43 CZA19 v Commonwealth [2024] FCAFC 66 Fairfield Pastoral Holdings Pty Ltd v Van Niekerk (No 2) [2024] FCA 61 Graham Barclay Oysters Pty Ltd v Ryan (No 2) [2000] FCA 1220 Huang v Deputy Commissioner of Taxation (No 2) [2020] FCAFC 160 NMFM Property Pty Ltd v Citibank Ltd (No 2) [2001] FCA 480; 109 FCR 77 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 Plaintiff S4/2014 v Minister for Immigration and Border Protection [2014] HCA 34; 253 CLR 219 QKJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 233 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622