Conway (a pseudonym) v Secretary, Department of Home Affairs [2024] FCA 1348

Conway (a pseudonym) v Secretary, Department of Home Affairs [2024] FCA 1348

Applicant achieved practical success; respondents to pay 80 percent of applicant's costs, assessed on the ordinary basis, with set-off permitted for previous costs owed, due to applicant's unreasonable conduct in negotiations and absence of exceptional circumstances justifying indemnity costs.

Parties
Applicant: Agustin Conway (a pseudonym); First Respondent: Secretary, Department of Home Affairs; Second Respondent: Minister for Home Affairs
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Administrative Law Proceeding / Post Discontinuance, Costs Determination
Outcome
Respondents ordered to pay 80 percent of applicant's costs with permission to set off unpaid costs from previous proceedings.
Legal Topics
Costs, Mandamus, Habeas Corpus, Immigration Detention, Discontinuance
Administrative and Constitutional Law and Human Rights Costs Mandamus Habeas Corpus Immigration Detention Discontinuance

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Parties

Agustin Conway (a pseudonym)

Applicant

Secretary, Department of Home Affairs

First Respondent

Minister for Home Affairs

Second Respondent

Procedural Posture

Administrative Law Proceeding / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 Whether applicant is entitled to costs after discontinuance of proceedings
  2. 2 Appropriate basis for costs assessment (indemnity vs ordinary)
  3. 3 Entitlement to costs for applications for mandamus and habeas corpus

Ratio Decidendi

Applicant achieved practical success; respondents to pay 80 percent of applicant's costs, assessed on the ordinary basis, with set-off permitted for previous costs owed, due to applicant's unreasonable conduct in negotiations and absence of exceptional circumstances justifying indemnity costs.

Court Disposition

Respondents ordered to pay 80 percent of applicant's costs with permission to set off unpaid costs from previous proceedings.

Orders

  • The respondents pay 80 percent of the applicant's costs of the proceeding, to be assessed if not agreed.
  • The respondents be entitled to set off the sum of $5,600, payable by the applicant by way of costs in proceeding SAD316/2013, against the amount payable pursuant to order 2(a).