Plaintiff S111A/2018 v Minister for Home Affairs (No 5) [2022] FCA 603

Plaintiff S111A/2018 v Minister for Home Affairs (No 5) [2022] FCA 603

The applicant was substantially successful in the proceedings, including securing relief regarding adverse security assessments and protection visa decisions. The respondents’ conduct, including issuing a new assessment and contribution to delay, and the applicant's conduct, including lack of focus and preparedness, warrant a nuanced costs order. Consequently, the applicant should be compensated for costs of commencement and from 29 October 2020, but not for the intervening period. Compensation after 29 October 2020 should be reduced by 30% to reflect inefficiencies and burden placed upon the respondents.

Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Administrative Law Proceeding / Post Judgment Costs Determination
Outcome
Costs partly in applicant's favour with apportionment and lump sums to be fixed.
Legal Topics
['costs' 'immigration Detention' 'adverse Security Assessment' 'protection Visas']
['administrative Law' 'constitutional Law' 'human Rights'] ['costs' 'immigration Detention' 'adverse Security Assessment' 'protection Visas']

Case Brief

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Procedural Posture

Administrative Law Proceeding / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Proper apportionment of costs following the applicant’s substantial success' 'Impact of factual and legal developments during protracted proceedings' 'Consideration of disparity of resources between parties in costs determination' 'Appropriate compensation for different periods of the proceeding']

Ratio Decidendi

The applicant was substantially successful in the proceedings, including securing relief regarding adverse security assessments and protection visa decisions. The respondents’ conduct, including issuing a new assessment and contribution to delay, and the applicant's conduct, including lack of focus and preparedness, warrant a nuanced costs order. Consequently, the applicant should be compensated for costs of commencement and from 29 October 2020, but not for the intervening period. Compensation after 29 October 2020 should be reduced by 30% to reflect inefficiencies and burden placed upon the respondents.

Court Disposition

Costs partly in applicant's favour with apportionment and lump sums to be fixed.

Orders

  • ["Respondents to pay applicant's costs of and incidental to the commencement in the High Court on 17 April 2018, and up until 16 May 2019, fixed by lump sum." "Respondents to pay applicant's costs from 29 October 2020, fixed by lump sum." "Respondents must pay only 70% of applicant's lump sum costs from 29 October...