Minister for Immigration and Border Protection v Aulakh (No 2) [2018] FCAFC 108

Minister for Immigration and Border Protection v Aulakh (No 2) [2018] FCAFC 108

In exercising its discretion on costs, the Court found that the Minister, as successful party, was entitled to his costs but that some reduction was appropriate since he succeeded on a contention not raised below; accordingly, there would be no order as to costs for the Federal Circuit Court proceeding, and Ms Aulakh would pay the Minister's costs incurred after 31 August 2017 for the appeal, with other specific costs orders as outlined.

Parties
Appellant: Minister for Immigration and Border Protection; First Respondent: Maninder Kaur Aulakh; Second Respondent: Gurwyn Singh Jaura; Third Respondent: Diya Jaura; Fourth Respondent: Satinder Singh; Fifth Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 July 2018
Procedural Posture
Appeal / Costs Determination After Appeal Judgment
Outcome
Costs determined as outlined in orders; no order as to costs for Federal Circuit Court proceeding; first respondent to pay appellant's costs after 31 August 2017; appellant to pay respondents' costs for hearing on 15 August 2017; otherwise, no order as to costs.
Legal Topics
Costs, Court's Discretion as to Costs, Appeal Proceedings, Amendment of Notice of Appeal
Administrative and Constitutional Law and Human Rights Costs Court's Discretion as to Costs Appeal Proceedings Amendment of Notice of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Minister for Immigration and Border Protection

Appellant

Maninder Kaur Aulakh

First Respondent

Gurwyn Singh Jaura

Second Respondent

Diya Jaura

Third Respondent

Satinder Singh

Fourth Respondent

Administrative Appeals Tribunal

Fifth Respondent

Procedural Posture

Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Appropriate costs orders where appellant succeeded on a contention not raised below
  2. 2 Whether Minister's costs should be reduced given conduct of proceedings
  3. 3 Impact of amendment to notice of appeal on costs

Ratio Decidendi

In exercising its discretion on costs, the Court found that the Minister, as successful party, was entitled to his costs but that some reduction was appropriate since he succeeded on a contention not raised below; accordingly, there would be no order as to costs for the Federal Circuit Court proceeding, and Ms Aulakh would pay the Minister's costs incurred after 31 August 2017 for the appeal, with other specific costs orders as outlined.

Court Disposition

Costs determined as outlined in orders; no order as to costs for Federal Circuit Court proceeding; first respondent to pay appellant's costs after 31 August 2017; appellant to pay respondents' costs for hearing on 15 August 2017; otherwise, no order as to costs.

Orders

  • No order as to costs in relation to the proceeding in the Federal Circuit Court of Australia.
  • First respondent pay appellant's costs incurred after 31 August 2017 in relation to appeal.