Halal Restaurant Supplies Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 1660

Halal Restaurant Supplies Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 1660

Because the Court had already identified that the appeals were incompetent, and the appellant proposed instead to seek relief in the Court's original jurisdiction under s 39B of the Judiciary Act 1903 (Cth), each appeal was dismissed as incompetent. The Court considered that a lump sum costs order of $1,500 in each matter was not unreasonable and would put an end to the costs issue.

Jurisdiction
Australia
Judgment Date
16 November 2020
Procedural Posture
Appeal From the Federal Circuit Court of Australia / Appeals Dismissed as Incompetent; Costs Fixed
Outcome
Each appeal dismissed as incompetent; appellant ordered to pay the first respondent's costs fixed at $1,500 in each matter.
Legal Topics
['incompetent Appeal' 'original Jurisdiction Under S 39 B of the Judiciary Act 1903 (cth)' 'costs']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['incompetent Appeal' 'original Jurisdiction Under S 39 B of the Judiciary Act 1903 (cth)' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit Court of Australia / Appeals Dismissed as Incompetent; Costs Fixed

Legal Issues

  1. 1 ['Whether the appeals should be dismissed as incompetent.' 'What costs order should be made in favour of the first respondent.']

Ratio Decidendi

Because the Court had already identified that the appeals were incompetent, and the appellant proposed instead to seek relief in the Court's original jurisdiction under s 39B of the Judiciary Act 1903 (Cth), each appeal was dismissed as incompetent. The Court considered that a lump sum costs order of $1,500 in each matter was not unreasonable and would put an end to the costs issue.

Court Disposition

Each appeal dismissed as incompetent; appellant ordered to pay the first respondent's costs fixed at $1,500 in each matter.

Orders

  • ['QUD 151 of 2020: The appeal be dismissed as incompetent.' "QUD 151 of 2020: The appellant pay the first respondent's costs fixed in the sum of $1,500." 'QUD 152 of 2020: The appeal be dismissed as incompetent.' "QUD 152 of 2020: The appellant pay the first respondent's costs fixed in the sum of $1,500."]