CZA19 v Commonwealth of Australia [2024] FCAFC 66

CZA19 v Commonwealth of Australia [2024] FCAFC 66

The applicant is entitled to his costs of the separate question because he achieved the practical outcome pursued by his application due to the respondents’ actions shortly before the hearing, and it is plain he would have succeeded at least in obtaining a writ of mandamus if the matter had been litigated.

Jurisdiction
Australia
Judgment Date
28 May 2024
Procedural Posture
Administrative Law Proceeding / Costs Determination After Vacation of Hearing on Separate Question
Outcome
Costs awarded to applicant
Legal Topics
['costs' 'immigration Detention' 'writ of Mandamus' 'habeas Corpus']
['administrative Law' 'human Rights Law'] ['costs' 'immigration Detention' 'writ of Mandamus' 'habeas Corpus']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Administrative Law Proceeding / Costs Determination After Vacation of Hearing on Separate Question

Legal Issues

  1. 1 ['Whether the applicant is entitled to costs of the separate question after the matter became moot due to the grant of a visa and release from detention']

Ratio Decidendi

The applicant is entitled to his costs of the separate question because he achieved the practical outcome pursued by his application due to the respondents’ actions shortly before the hearing, and it is plain he would have succeeded at least in obtaining a writ of mandamus if the matter had been litigated.

Court Disposition

Costs awarded to applicant

Orders

  • ["The respondents are to pay the applicant's costs of the separate question, as agreed or taxed."]