Heyward v Minister for Immigration and Citizenship [2011] FCA 463

Heyward v Minister for Immigration and Citizenship [2011] FCA 463

The certificate of taxation was erroneous, as Rule 40B does not deem an amount as party and party costs and there was no provision in the Rules to support the certificate's effect. Accordingly, the Court set aside the certificate and gave leave to withdraw the short form bill, permitting further claim for costs under the correct procedural basis.

Parties
Applicant: Julian Heyward; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
29 April 2011
Procedural Posture
Judicial Review of Administrative Decision / Post Taxation of Costs; Motion to Set Aside Certificate of Taxation
Outcome
Certificate of taxation set aside. Leave granted to withdraw short form bill.
Legal Topics
Taxation of Costs, Federal Court Procedure, Migration Cases Costs Regime
Administrative Law Migration Law Costs Taxation of Costs Federal Court Procedure Migration Cases Costs Regime

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Parties

Julian Heyward

Applicant

Minister for Immigration and Citizenship

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review of Administrative Decision / Post Taxation of Costs; Motion to Set Aside Certificate of Taxation

Legal Issues

  1. 1 Whether the certificate of taxation issued on 3 September 2010 should be set aside
  2. 2 Proper application of Federal Court Rules regarding claims for costs in migration proceedings
  3. 3 Effect of claiming costs under Order 62 Rule 40B on further recovery

Ratio Decidendi

The certificate of taxation was erroneous, as Rule 40B does not deem an amount as party and party costs and there was no provision in the Rules to support the certificate's effect. Accordingly, the Court set aside the certificate and gave leave to withdraw the short form bill, permitting further claim for costs under the correct procedural basis.

Court Disposition

Certificate of taxation set aside. Leave granted to withdraw short form bill.

Orders

  • The certificate of taxation signed by the Deputy District Registrar on 3 September 2010 be set aside.
  • The first respondent be granted leave to withdraw the short form bill dated 11 August 2010.