BHM15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 1205

BHM15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 1205

The Federal Circuit Court costs order should not be disturbed because the appellants elected not to make submissions about it; the successful ground on appeal was not raised below and did not overlap with the grounds before the primary judge; the appellants were represented in the Federal Circuit Court; and the grounds raised below were described by the appellants as prolix and unfocussed and bore no resemblance to the successful appeal ground.

Jurisdiction
Australia
Judgment Date
15 August 2018
Procedural Posture
Appeal From BHM15 V Minister for Immigration [2017] FCCA 2974 / Costs Issue Determined on the Papers After Appeal Allowed
Outcome
No further orders made; the Federal Circuit Court costs order was not disturbed.
Legal Topics
['costs' 'federal Circuit Court Costs Order' 'appeal' 'determination on the Papers']
['administrative and Constitutional Law and Human Rights' 'immigration' 'federal Civil Procedure'] ['costs' 'federal Circuit Court Costs Order' 'appeal' 'determination on the Papers']

Case Brief

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Procedural Posture

Appeal From BHM15 V Minister for Immigration [2017] FCCA 2974 / Costs Issue Determined on the Papers After Appeal Allowed

Legal Issues

  1. 1 ['Whether the Federal Circuit Court costs order made on 4 December 2017 should be disturbed after the appellants succeeded on appeal.' 'Whether any further orders should be made in relation to costs.']

Ratio Decidendi

The Federal Circuit Court costs order should not be disturbed because the appellants elected not to make submissions about it; the successful ground on appeal was not raised below and did not overlap with the grounds before the primary judge; the appellants were represented in the Federal Circuit Court; and the grounds raised below were described by the appellants as prolix and unfocussed and bore no resemblance to the successful appeal ground.

Court Disposition

No further orders made; the Federal Circuit Court costs order was not disturbed.

Orders

  • ['There be no further orders.']