FCV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1006

FCV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1006

The appellant succeeded on appeal only because the Minister identified and conceded a jurisdictional error not previously raised. In these circumstances, and exercising discretion, it was appropriate to make no further order as to costs either below or on appeal, departing from the usual rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
23 August 2021
Procedural Posture
Appeal / Determination of Costs Following Appeal Allowed by Consent
Outcome
No further order as to costs in the proceeding below or in the appeal.
Legal Topics
['costs' 'jurisdictional Error' 'appeal Procedure']
['administrative Law'] ['costs' 'jurisdictional Error' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Determination of Costs Following Appeal Allowed by Consent

Legal Issues

  1. 1 ['Whether the successful appellant should receive costs at first instance where the appeal was allowed by consent on a ground conceded by the Minister, which had not been raised by the appellant at first instance or on appeal.']

Ratio Decidendi

The appellant succeeded on appeal only because the Minister identified and conceded a jurisdictional error not previously raised. In these circumstances, and exercising discretion, it was appropriate to make no further order as to costs either below or on appeal, departing from the usual rule that costs follow the event.

Court Disposition

No further order as to costs in the proceeding below or in the appeal.

Orders

  • ['There be no further order as to costs in the proceeding below or in the appeal.']