EFG v Secretary, Department of Communities and Justice [2025] NSWSC 164

Supreme Court New South Wales

Medium Neutral Citation: EFG v Secretary, Department of Communities and Justice [2025] NSWSC 164 Hearing dates: 4 March 2025 Date of orders: 10 March 2025 Decision date: 10 March 2025 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Grant the plaintiff an extension of time to 25 October 2024 to file the summons commencing this proceeding. (2) Dismiss the amended summons. (3) Order the plaintiff to pay the State's costs of the proceedings in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – legal unreasonableness –certificate under Costs in Criminal Cases Act 1967 (NSW) – determination of costs by Secretary –assessment of "maximum amount" – whether Secretary bound to award "costs reasonably incurred" – application of Attorney General's rates – whether costs to be assessed on "party/party" basis – disallowance of fees at senior counsel rates Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 3A, 4, 6 Courts Legislation Amendment Act 1998 (NSW), Sch 5 Suitors' Fund Act 1951 (NSW), s 6 Uniform Civil Procedure Rules 2005 (NSW), Pt 59, r 10 Cases Cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Boele v Rinbac Pty Ltd [2014] NSWCA 451 EFG v General Counsel, Department of Communities and Justice [2024] NSWSC 1373 Ceerose Pty Ltd v A-Civil Aust Pty Ltd (2023) 112 NSWLR 225; [2023] NSWCA 215 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Home Affairs v DUA16 (2020) 271 CLR 550; [2020] HCA 46 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; [1999] HCA 21 Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57; [2001] HCA 22 The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 at 35-36; [1980] HCA 13 Stanizzo v Secretary, Department of Justice (NSW) [2016] NSWSC 348 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (7th ed, Lawbook Co, 2022) NSW Legislative Assembly, Parliamentary Debates (Hansard), 8 March 1967 Category: Principal judgment Parties: EFG (Plaintiff)