Jilani v Wilhelm [2006] FCAFC 58

Jilani v Wilhelm [2006] FCAFC 58

The Court certified under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) that it is appropriate for the Attorney-General to authorize payment to the respondents for costs incurred in the appeal and any costs paid to the appellant pursuant to the Court's order of 20 December 2005, due to the appeal being allowed and the exceptional circumstances of the hearing on the papers owing to the death of the primary judge.

Jurisdiction
Australia
Judgment Date
11 May 2006
Procedural Posture
Appeal / Certificate for Costs Following Appellate Judgment
Outcome
Certificate granted to respondents for costs under s 6 Federal Proceedings (Costs) Act 1981 (Cth)
Legal Topics
['judicial Review' 'search Warrant' 'costs on Appeal']
['administrative Law' 'criminal Law' 'procedure'] ['judicial Review' 'search Warrant' 'costs on Appeal']

Case Brief

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Procedural Posture

Appeal / Certificate for Costs Following Appellate Judgment

Legal Issues

  1. 1 ['Whether respondents are entitled to costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) in respect of appeal' 'Appropriateness of authorizing payment for costs incurred in appeal' 'Consideration of circumstances of hearing on the papers due to death of primary judge']

Ratio Decidendi

The Court certified under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) that it is appropriate for the Attorney-General to authorize payment to the respondents for costs incurred in the appeal and any costs paid to the appellant pursuant to the Court's order of 20 December 2005, due to the appeal being allowed and the exceptional circumstances of the hearing on the papers owing to the death of the primary judge.

Court Disposition

Certificate granted to respondents for costs under s 6 Federal Proceedings (Costs) Act 1981 (Cth)

Orders

  • ['Attorney-General to authorize payment under Federal Proceedings (Costs) Act 1981 (Cth) to respondents for costs incurred in relation to appeal' 'Attorney-General to authorize payment for any costs paid by respondents to appellant pursuant to the order of this Court made on 20 December 2005']