Minister for Immigration and Border Protection v DZU16 (No 2) [2018] FCAFC 48

Minister for Immigration and Border Protection v DZU16 (No 2) [2018] FCAFC 48

The Minister's limited success on the relocation issue warranted apportionment, but the dominant Migration Act issues justified awarding 85% of DZU16's costs on appeal and at first instance.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Appeal / Costs Decision Following Appeal Dismissal
Outcome
Appellant to pay 85% of First Respondent's costs both on appeal and at first instance; prior costs order varied.
Legal Topics
['costs' 'migration Act' 'mixed Success' 'apportionment of Costs']
['administrative and Constitutional Law and Human Rights'] ['costs' 'migration Act' 'mixed Success' 'apportionment of Costs']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Costs Decision Following Appeal Dismissal

Legal Issues

  1. 1 ['Appropriate apportionment of costs where appeal dismissed but appellant succeeded on one ground' 'Effect of mixed success on costs orders' 'Whether notice of contention affects costs apportionment']

Ratio Decidendi

The Minister's limited success on the relocation issue warranted apportionment, but the dominant Migration Act issues justified awarding 85% of DZU16's costs on appeal and at first instance.

Court Disposition

Appellant to pay 85% of First Respondent's costs both on appeal and at first instance; prior costs order varied.

Orders

  • ['The appellant pay 85% of the costs of the first respondent, as agreed or assessed.' "Order 3 of the orders made by the primary judge on 22 June 2017 set aside and replaced with order that the first respondent pay 85% of the applicant's costs of those proceedings, as agreed or assessed and if necessary taxed in...