CRK16 v Minister for Home Affairs [2020] FCA 1114

CRK16 v Minister for Home Affairs [2020] FCA 1114

The appellant must pay the first respondent's costs of the proceeding as agreed or assessed, as the Minister was ultimately successful and there were no special circumstances to depart from the usual costs order.

Jurisdiction
Australia
Judgment Date
04 August 2020
Procedural Posture
Appeal / Costs Determination After Dismissal of Appeal
Outcome
Appellant to pay first respondent's costs as agreed or assessed.
Legal Topics
['costs' 'extension of Time' 'appeal Dismissal']
['administrative Law' 'constitutional Law' 'human Rights'] ['costs' 'extension of Time' 'appeal Dismissal']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Dismissal of Appeal

Legal Issues

  1. 1 ['Should costs be costs in the cause where extension of time granted and appeal dismissed?' 'Should costs be fixed or as agreed or assessed?']

Ratio Decidendi

The appellant must pay the first respondent's costs of the proceeding as agreed or assessed, as the Minister was ultimately successful and there were no special circumstances to depart from the usual costs order.

Court Disposition

Appellant to pay first respondent's costs as agreed or assessed.

Orders

  • ["The appellant pay the first respondent's costs of the proceeding as agreed or assessed."]