DAQ22 v Minister for Immigration and Multicultural Affairs (Costs) [2024] FCA 1514

Federal Court of Australia DAQ22 v Minister for Immigration and Multicultural Affairs (Costs) [2024] FCA 1514 File number(s):

Judgment of: HORAN J

Date of judgment: 20 December 2024

Catchwords: COSTS – application for indemnity costs – where applicant offered to resolve proceeding in his favour – where Minister subsequently agreed to consent orders allowing the application – whether Minister's initial failure to concede was unreasonable – whether special or unusual feature warranting indemnity costs – Held: costs payable as between party and party

Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Legislation: Migration Act 1958 (Cth) ss 197C, 477A(2), 501(3A), 501CA(4) Federal Court Rules 2011 (Cth) rr 31.23, 40.01

AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs (2024) 304 FCR 586 Al-Kateb v Godwin (2004) 219 CLR 562 BNGP v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 298 FCR 609 Calderbank v Calderbank [1976] Fam 93 DAQ22 v Federal Court of Australia [2024] HCASJ 27 DAQ22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1557 Cases cited: Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 HSCK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 313 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (WA Branch) (No 2) (1993) 46 IR 301 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (No 2) [2017] FCAFC 116 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 PHTP v Minister for Immigration and Multicultural Affairs [2024] FCA 1170 TCXM v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 451