Manatiy v Minister for Immigration and Multicultural Affairs (No 2) [2007] FCA 267

Manatiy v Minister for Immigration and Multicultural Affairs (No 2) [2007] FCA 267

The Court held that the ordinary principle of costs following the event should apply because the case was not of sufficient public interest or novelty to justify a departure, and the need for litigation was partly caused by an error by the applicant's own lawyer.

Jurisdiction
Australia
Judgment Date
13 March 2007
Procedural Posture
Judicial Review Application / Cost Determination Following Unsuccessful Final Judgment
Outcome
Applicant ordered to pay the first respondent's costs.
Legal Topics
['costs' 'judicial Review' 'statutory Interpretation']
['administrative Law' 'immigration Law'] ['costs' 'judicial Review' 'statutory Interpretation']

Case Brief

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Procedural Posture

Judicial Review Application / Cost Determination Following Unsuccessful Final Judgment

Legal Issues

  1. 1 ['Whether discretion to depart from ordinary rule of costs should be exercised' 'Whether public interest considerations justify each party bearing its own costs']

Ratio Decidendi

The Court held that the ordinary principle of costs following the event should apply because the case was not of sufficient public interest or novelty to justify a departure, and the need for litigation was partly caused by an error by the applicant's own lawyer.

Court Disposition

Applicant ordered to pay the first respondent's costs.

Orders

  • ["The applicant pay the first respondent's costs of the application."]