Federal Court of Australia
Federal Court of Australia Kapeli v Secretary, Department of Home Affairs (No 2) [2024] FCA 1450 File number(s):
Judgment of: O'BRYAN J
Date of judgment: 17 December 2024
Catchwords: COSTS – unsuccessful application for a writ of habeas corpus – whether there should be no order as to costs in recognition of special circumstances of a habeas application – where the proceeding was conducted in a way which unnecessarily and inappropriately caused the respondents to incur costs – applicant to pay the respondents' costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 22.03
Azimitabar v Commonwealth of Australia (No 2) [2024] FCA 1383 Bowman v Commonwealth of Australia [2022] FCA 594 Cabal v United Mexican States (No 6) [2000] FCA 651 DBE17 v Commonwealth of Australia (No 2) [2018] FCA 1793 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCA 955 Kapeli v Secretary, Department of Home Affairs [2024] FCA 1246 Kazar v Kargarian (2011) 197 FCR 113 Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152 Cases cited: Mabo v Queensland (No 2) (1992) 175 CLR 1 MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 559 McCrea v Minister for Customs and Justice (2005) 145 FCR 269 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v MB [2021] FCAFC 194 Northern Territory v Sangare (2019) 265 CLR 164 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 Oshlack v Richmond River Council (1998) 193 CLR 72 Plaintiff S111A/2018 v Minister for Home Affairs (No 5) [2022] FCA 603 Price v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 542 Taylor v Minister for Home Affairs (No 2) [2022] FCA 401 Te v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 15
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