Saini v Minister for Immigration and Border Protection (No. 2) [2016] FCA 870

Saini v Minister for Immigration and Border Protection (No. 2) [2016] FCA 870

Although the appeal may have resolved a conflict of authority concerning a regulation likely to arise often, that consideration did not justify departing from the ordinary basis that costs follow the event; because the Minister sought costs after the appeal was dismissed, costs were ordered in the Minister's favour.

Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Costs in Appeal / After Judgment Dismissing the Appeal
Outcome
The appellants were ordered to pay the first respondent's costs of and incidental to the appeal, to be taxed if not agreed.
Legal Topics
['costs Following the Event' 'costs Discretion' 'migration Regulation Construction']
['administrative and Constitutional Law and Human Rights' 'costs'] ['costs Following the Event' 'costs Discretion' 'migration Regulation Construction']

Case Brief

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Procedural Posture

Costs in Appeal / After Judgment Dismissing the Appeal

Legal Issues

  1. 1 ['Whether costs ought to follow the event after dismissal of the appeal.' 'Whether the claimed public interest in resolving a conflict of Federal Circuit Court authority justified departing from the ordinary costs order.']

Ratio Decidendi

Although the appeal may have resolved a conflict of authority concerning a regulation likely to arise often, that consideration did not justify departing from the ordinary basis that costs follow the event; because the Minister sought costs after the appeal was dismissed, costs were ordered in the Minister's favour.

Court Disposition

The appellants were ordered to pay the first respondent's costs of and incidental to the appeal, to be taxed if not agreed.

Orders

  • ["The appellants pay the first respondent's costs of an incidental to the appeal, to be taxed if not agreed."]