AZC20 v Minister for Home Affairs (No 2) [2021] FCA 1544

AZC20 v Minister for Home Affairs (No 2) [2021] FCA 1544

There was no special or unusual feature justifying indemnity costs. The respondents' position in VID 503/2021 was arguable, their statutory construction argument was not unreasonable although rejected, their non-compliance with Court orders was undesirable and unacceptable but was not shown to have caused significant additional costs to the applicant, and the pro bono referral and conditional costs agreement were irrelevant to indemnity costs. Because VID 503/2021 had been finalised, its costs should be dealt with immediately on a party and party basis in favour of the applicant. Because VID 89/2021 had not concluded, the costs of the habeas corpus application should be reserved until the...

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Costs Application Following Judgment on Habeas Corpus, Mandamus and Ancillary Relief Applications / Determined on the Papers
Outcome
The respondents were ordered to pay the applicant's costs of proceeding VID 503/2021, and the costs of proceeding VID 89/2021 were reserved.
Legal Topics
['indemnity Costs' 'party and Party Costs' 'reservation of Costs' 'mandamus' 'habeas Corpus' 'model Litigants']
['administrative and Constitutional Law and Human Rights' 'costs'] ['indemnity Costs' 'party and Party Costs' 'reservation of Costs' 'mandamus' 'habeas Corpus' 'model Litigants']

Case Brief

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Procedural Posture

Costs Application Following Judgment on Habeas Corpus, Mandamus and Ancillary Relief Applications / Determined on the Papers

Legal Issues

  1. 1 ["Whether the respondents should pay the applicant's costs of proceedings VID 503/2021 and VID 89/2021 on an indemnity basis." 'Whether any special or unusual feature of the case justified departure from the ordinary practice as to costs.' 'Whether costs of proceeding VID 503/2021 should be dealt with immediately or reserved until the conclusion of proceeding VID 89/2021.' 'Whether costs of the habeas corpus application in proceeding VID 89/2021 should be reserved because that proceeding had not concluded.']

Ratio Decidendi

There was no special or unusual feature justifying indemnity costs. The respondents' position in VID 503/2021 was arguable, their statutory construction argument was not unreasonable although rejected, their non-compliance with Court orders was undesirable and unacceptable but was not shown to have caused significant additional costs to the applicant, and the pro bono referral and conditional costs agreement were irrelevant to indemnity costs. Because VID 503/2021 had been finalised, its costs should be dealt with immediately on a party and party basis in favour of the applicant. Because VID 89/2021 had not concluded, the costs of the habeas corpus application should be reserved until the...

Court Disposition

The respondents were ordered to pay the applicant's costs of proceeding VID 503/2021, and the costs of proceeding VID 89/2021 were reserved.

Orders

  • ["The respondents pay the applicant's costs of proceeding VID 503/2021." 'The costs of proceeding VID 89/2021 be reserved.']