NAMU of 2002 v Secretary, Department of Immigration Indigenous & Multicultural Affairs [2002] FCA 961

NAMU of 2002 v Secretary, Department of Immigration Indigenous & Multicultural Affairs [2002] FCA 961

There were no 'special' features or good reasons justifying departure from the ordinary rule; respondents, as wholly successful parties, should receive their costs.

Parties
Applicant: NAMU OF 2002; Applicant: NAMV OF 2002; Applicant: NAMW OF 2002; Applicant: NAMX OF 2002; Applicant: NAMY OF 2002; Applicant: NAMZ OF 2002; First Respondent: Secretary, Department of Immigration and Multicultural and Indigenous Affairs; Second Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
06 August 2002
Procedural Posture
Judicial Review / Costs Order After Dismissal
Outcome
respondents awarded costs; applicants ordered to pay costs
Legal Topics
Costs in Judicial Review, Public Interest Litigation
Migration Law Public Law Costs in Judicial Review Public Interest Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

NAMU OF 2002

Applicant

NAMV OF 2002

Applicant

NAMW OF 2002

Applicant

NAMX OF 2002

Applicant

NAMY OF 2002

Applicant

NAMZ OF 2002

Applicant

Secretary, Department of Immigration and Multicultural and Indigenous Affairs

First Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / Costs Order After Dismissal

Legal Issues

  1. 1 Whether the ordinary rule that costs follow the event should apply in this migration judicial review case
  2. 2 Whether any special features justify departure from the usual costs order

Ratio Decidendi

There were no 'special' features or good reasons justifying departure from the ordinary rule; respondents, as wholly successful parties, should receive their costs.

Court Disposition

respondents awarded costs; applicants ordered to pay costs

Orders

  • NAMY and NAMZ (the fourth and fifth named applicants, respectively), and NAMX (the Tutor for the first three named applicants) pay the respondents' costs.