CEU19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 1130

CEU19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 1130

The interlocutory application on 1 July 2019 was necessary and appropriate due to respondents' inaction and lack of progress, making the applicant's legal costs necessary and appropriate. However, the Court declined to order that costs be payable forthwith because there was no discrete issue resolved and further costs orders may be made as the proceeding is at an early stage.

Parties
Applicant: CEU19; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
25 July 2019
Procedural Posture
Interlocutory Application / Costs Determination Following Interlocutory Application
Outcome
Respondents ordered to pay applicant's costs of and incidental to the interlocutory application, to be fixed by lump sum; Court declined to order that costs be payable forthwith.
Legal Topics
Costs, Interlocutory Applications, Migration Law
Administrative Law Costs Interlocutory Applications Migration Law

Case Brief

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Parties

CEU19

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Interlocutory Application / Costs Determination Following Interlocutory Application

Legal Issues

  1. 1 Whether respondents should pay applicant's costs of interlocutory application heard on 1 July 2019
  2. 2 Whether costs should be payable forthwith

Ratio Decidendi

The interlocutory application on 1 July 2019 was necessary and appropriate due to respondents' inaction and lack of progress, making the applicant's legal costs necessary and appropriate. However, the Court declined to order that costs be payable forthwith because there was no discrete issue resolved and further costs orders may be made as the proceeding is at an early stage.

Court Disposition

Respondents ordered to pay applicant's costs of and incidental to the interlocutory application, to be fixed by lump sum; Court declined to order that costs be payable forthwith.

Orders

  • The respondents pay the applicant's costs of and incidental to the interlocutory application made on 1 July 2019, to be fixed by way of a lump sum.
  • In the absence of the parties notifying the Court of an agreement as to an appropriate lump sum by 4 pm on 8 August 2019, the matter of an appropriate lump sum be referred to a Registrar for determination.