BSX15 v Minister for Immigration and Border Protection [2016] FCA 230

BSX15 v Minister for Immigration and Border Protection [2016] FCA 230

Director General of Security should pay applicant's costs from the time it became clear that only access to the Determination was sought, as the claim to public interest immunity was abandoned. Before that time, each party should bear his own costs.

Jurisdiction
Australia
Judgment Date
08 March 2016
Procedural Posture
Administrative Law Proceeding / Ruling on Claim to Public Interest Immunity
Outcome
Claim to public interest immunity resolved; costs order made as specified.
Legal Topics
['public Interest Immunity' 'costs Orders' 'discovery of Documents']
['administrative Law'] ['public Interest Immunity' 'costs Orders' 'discovery of Documents']

Case Brief

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Procedural Posture

Administrative Law Proceeding / Ruling on Claim to Public Interest Immunity

Legal Issues

  1. 1 ['Whether the claim to public interest immunity should be upheld in relation to unredacted documents' 'Appropriate costs order following claim to public interest immunity being abandoned']

Ratio Decidendi

Director General of Security should pay applicant's costs from the time it became clear that only access to the Determination was sought, as the claim to public interest immunity was abandoned. Before that time, each party should bear his own costs.

Court Disposition

Claim to public interest immunity resolved; costs order made as specified.

Orders

  • ['The notice to produce dated 18 November 2015 is set aside insofar as it required production of specific documents.' "The second respondent is to pay the applicant's costs in relation to the second respondent's public interest immunity claim from 19 December 2015." 'Prior to 19 December 2015, each party is to bear...