MZXEF v Minister for Immigration and Multicultural Affairs [2006] FCA 709

MZXEF v Minister for Immigration and Multicultural Affairs [2006] FCA 709

Because the appellants failed on the appeal and their asserted inability to pay costs did not provide a proper basis to depart from the usual rule that costs follow the event, the appellants were ordered to pay the first respondent's costs of the appeal.

Jurisdiction
Australia
Judgment Date
09 June 2006
Procedural Posture
Migration Appeal; Costs / Costs Determination After Appeal Dismissed
Outcome
The appellants were ordered to pay the first respondent's costs of and incidental to the appeal.
Legal Topics
['inability to Pay Costs' 'costs Follow the Event' 'discretion as to Costs']
['migration' 'costs'] ['inability to Pay Costs' 'costs Follow the Event' 'discretion as to Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Appeal; Costs / Costs Determination After Appeal Dismissed

Legal Issues

  1. 1 ["Whether the appellants' inability to pay costs justified waiving costs or departing from the usual order that costs follow the event."]

Ratio Decidendi

Because the appellants failed on the appeal and their asserted inability to pay costs did not provide a proper basis to depart from the usual rule that costs follow the event, the appellants were ordered to pay the first respondent's costs of the appeal.

Court Disposition

The appellants were ordered to pay the first respondent's costs of and incidental to the appeal.

Orders

  • ["The appellants pay the first respondent's costs of and incidental to the appeal."]