Gaillard, Gitsadawan v Department of Immigration & Ethnic Affairs [1983] FCA 284

Gaillard, Gitsadawan v Department of Immigration & Ethnic Affairs [1983] FCA 284

The Full Court appeal succeeded on a question of law, the Court was not precluded by section 14 or sub-section 21(1) of the Federal Proceedings (Costs) Act 1981, and despite the applicant having asserted the unsuccessful natural justice argument and having received legal aid, it was appropriate to grant a section 6 certificate covering both the applicant's costs of the appeal and the Minister's appeal costs payable by the applicant.

Jurisdiction
Australia
Judgment Date
18 October 1983
Procedural Posture
Application Under Section 6 of the Federal Proceedings (costs) Act 1981 for a Costs Certificate / Order and Reasons in Chambers After Full Court Appeal
Outcome
Application granted; costs certificate issued.
Legal Topics
['costs Certificate' 'federal Appeal Succeeding on a Question of Law' 'natural Justice' 'cancellation of Temporary Entry Permit' 'deportation']
['costs' 'administrative Law' 'migration Law'] ['costs Certificate' 'federal Appeal Succeeding on a Question of Law' 'natural Justice' 'cancellation of Temporary Entry Permit' 'deportation']

Case Brief

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Procedural Posture

Application Under Section 6 of the Federal Proceedings (costs) Act 1981 for a Costs Certificate / Order and Reasons in Chambers After Full Court Appeal

Legal Issues

  1. 1 ['Whether the appeal to the Full Court succeeded on a question of law for the purposes of sub-section 6(1) of the Federal Proceedings (Costs) Act 1981.' 'Whether the Court should exercise its discretion to grant the applicant a costs certificate under section 6 of the Federal Proceedings (Costs) Act 1981.' "Whether the applicant's grant of legal aid should limit the certificate to costs payable to the Minister."]

Ratio Decidendi

The Full Court appeal succeeded on a question of law, the Court was not precluded by section 14 or sub-section 21(1) of the Federal Proceedings (Costs) Act 1981, and despite the applicant having asserted the unsuccessful natural justice argument and having received legal aid, it was appropriate to grant a section 6 certificate covering both the applicant's costs of the appeal and the Minister's appeal costs payable by the applicant.

Court Disposition

Application granted; costs certificate issued.

Orders

  • ['The Court grants to the applicant, Gitsadawan Gaillard, a certificate in terms of section 6 of the Federal Proceedings (Costs) Act 1981 that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under the Act to the applicant in respect of the costs incurred by the...