El-Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 474

El-Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 474

The applicant was justified in commencing and maintaining the proceeding; leave to discontinue is granted and respondents are to pay 40% of applicant's costs; no order as to costs for Fair Work Act claim; respondents not entitled to costs against applicant.

Parties
Applicant: Abdul Aziz El-Debel; First Respondent: Secretary, Department of Immigration and Border Protection; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
13 May 2014
Procedural Posture
Judicial Review and Fair Work Claim / Leave to Discontinue Proceeding; Costs Determination
Outcome
Leave to discontinue proceeding granted; partial costs awarded to applicant.
Legal Topics
Suspension From Public Service, Procedural Fairness, Adverse Action, Interlocutory Relief, Costs on Discontinuance
Administrative Law Employment Law Suspension From Public Service Procedural Fairness Adverse Action Interlocutory Relief Costs on Discontinuance

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Parties

Abdul Aziz El-Debel

Applicant

Secretary, Department of Immigration and Border Protection

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Judicial Review and Fair Work Claim / Leave to Discontinue Proceeding; Costs Determination

Legal Issues

  1. 1 Whether leave to discontinue proceeding should be granted
  2. 2 Whether the applicant or respondents should be awarded costs and on what basis

Ratio Decidendi

The applicant was justified in commencing and maintaining the proceeding; leave to discontinue is granted and respondents are to pay 40% of applicant's costs; no order as to costs for Fair Work Act claim; respondents not entitled to costs against applicant.

Court Disposition

Leave to discontinue proceeding granted; partial costs awarded to applicant.

Orders

  • The applicant have leave to discontinue the whole of this proceeding.
  • By 23 May 2014, the applicant file a Notice of Discontinuance giving effect to the leave granted by the Court.