BJH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2019] FCA 1964

BJH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2019] FCA 1964

Given that a litigation guardian was appointed for the third and fourth appellants in the Federal Circuit Court, they were bound by the orders of that court. The Minister is entitled to costs for the further amended interlocutory application because the application was dismissed, but the summary judgment application was unnecessary and does not attract an order for costs.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Application to Set Aside Judgment and Related Costs Applications / Post Final Judgment, Interlocutory Application and Costs Determination
Outcome
Application by third and fourth appellants dismissed; costs order made against first appellant for further amended interlocutory application; no order as to costs on the Minister's summary judgment application; Minister's name updated.
Legal Topics
['costs' 'appointment of Litigation Representatives' 'procedural Fairness' 'summary Judgment Applications']
['administrative Law' 'practice and Procedure'] ['costs' 'appointment of Litigation Representatives' 'procedural Fairness' 'summary Judgment Applications']

Case Brief

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Procedural Posture

Application to Set Aside Judgment and Related Costs Applications / Post Final Judgment, Interlocutory Application and Costs Determination

Legal Issues

  1. 1 ['Whether the Minister is entitled to costs in relation to both the further amended interlocutory application and the summary judgment application' 'Effect of absence of litigation representative for minors in Federal Court proceedings' 'Binding effect of Federal Circuit Court orders where a litigation representative was appointed']

Ratio Decidendi

Given that a litigation guardian was appointed for the third and fourth appellants in the Federal Circuit Court, they were bound by the orders of that court. The Minister is entitled to costs for the further amended interlocutory application because the application was dismissed, but the summary judgment application was unnecessary and does not attract an order for costs.

Court Disposition

Application by third and fourth appellants dismissed; costs order made against first appellant for further amended interlocutory application; no order as to costs on the Minister's summary judgment application; Minister's name updated.

Orders

  • ["The third and fourth appellants' further amended interlocutory application be dismissed." "The first appellant pay the first respondent's costs, of and incidental to the further amended interlocutory application, to be taxed if not agreed." "The first respondent's name be changed to Minister for Immigration,...