CRS20 v Secretary, Department of Home Affairs (Costs) [2024] FCA 656

CRS20 v Secretary, Department of Home Affairs (Costs) [2024] FCA 656

There was no failure by the applicant or his lawyers to act inconsistently with the overarching purpose of civil litigation. The late raising of the substantive issue did not waste costs, and the respondents' costs would have been incurred in any event. Thus, there was no reason to depart from the principle that costs should follow the event.

Jurisdiction
Australia
Judgment Date
18 June 2024
Procedural Posture
Costs Application / Post Judgment on Release From Detention
Outcome
Respondents ordered to pay the applicant’s costs; application for indemnity costs refused.
Legal Topics
['costs' 'habeas Corpus' 'immigration Detention']
['administrative Law' 'constitutional Law' 'human Rights Law'] ['costs' 'habeas Corpus' 'immigration Detention']

Case Brief

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Procedural Posture

Costs Application / Post Judgment on Release From Detention

Legal Issues

  1. 1 ['Whether costs should follow the event after success in habeas corpus claim' 'Whether the applicant’s late reliance on s 198AD of the Migration Act 1958 (Cth) justifies a different costs order' 'Whether indemnity costs should be awarded for delay in release after the orders']

Ratio Decidendi

There was no failure by the applicant or his lawyers to act inconsistently with the overarching purpose of civil litigation. The late raising of the substantive issue did not waste costs, and the respondents' costs would have been incurred in any event. Thus, there was no reason to depart from the principle that costs should follow the event.

Court Disposition

Respondents ordered to pay the applicant’s costs; application for indemnity costs refused.

Orders

  • ["The respondents pay the applicant's costs of the proceeding."]