LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs) [2023] FCAFC 78

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs) [2023] FCAFC 78

Given that each party achieved substantial success on issues raised and determined in the appeal, but the Minister was successful on the dispositive issue, it is appropriate for each party to bear their own costs of the appeal. The late filing of the Minister's notice of contention does not warrant adjustment of this costs disposition, and the primary judge's costs order should not be disturbed.

Parties
Appellant: LPDT; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
24 May 2023
Procedural Posture
Appeal / Costs Determination Following Judgment on Appeal
Outcome
Each party to bear their own costs of the appeal. The costs order of the primary judge not disturbed.
Legal Topics
Costs, Judicial Review, Migration
Administrative Law Costs Judicial Review Migration

Case Brief

Summary, issues, holding and outcome

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Parties

LPDT

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Costs Determination Following Judgment on Appeal

Legal Issues

  1. 1 Who should bear the costs of the appeal after both parties had substantial success on different issues
  2. 2 Whether the Minister's late filing of a notice of contention affects the costs order
  3. 3 Whether the costs order of the primary judge should be disturbed

Ratio Decidendi

Given that each party achieved substantial success on issues raised and determined in the appeal, but the Minister was successful on the dispositive issue, it is appropriate for each party to bear their own costs of the appeal. The late filing of the Minister's notice of contention does not warrant adjustment of this costs disposition, and the primary judge's costs order should not be disturbed.

Court Disposition

Each party to bear their own costs of the appeal. The costs order of the primary judge not disturbed.

Orders

  • The parties are to bear their own costs in relation to the appeal.