Kapeli v Secretary, Department of Home Affairs (No 2) [2024] FCA 1450

Kapeli v Secretary, Department of Home Affairs (No 2) [2024] FCA 1450

The application to vary the costs order is dismissed because, although the special circumstances of a habeas corpus application were considered, the applicant's conduct of the proceedings unnecessarily and inappropriately caused the respondents to incur costs, outweighing the public interest factor. The respondents are entitled to their costs, including those of this application.

Parties
Applicant: Samiuela Kapeli; First Respondent: Secretary, Department of Home Affairs; Second Respondent: Minister for Home Affairs
Jurisdiction
Australia
Judgment Date
17 December 2024
Procedural Posture
Costs Application (following Writ of Habeas Corpus Proceeding) / Post Judgment Application to Vary Costs Order
Outcome
Application to vary costs order dismissed. Applicant to pay the respondents' costs, including for this application.
Legal Topics
Costs, Habeas Corpus, Judicial Discretion
Civil Procedure Costs Habeas Corpus Judicial Discretion

Case Brief

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Parties

Samiuela Kapeli

Applicant

Secretary, Department of Home Affairs

First Respondent

Minister for Home Affairs

Second Respondent

Procedural Posture

Costs Application (following Writ of Habeas Corpus Proceeding) / Post Judgment Application to Vary Costs Order

Legal Issues

  1. 1 Whether there should be no order as to costs following the unsuccessful application for a writ of habeas corpus
  2. 2 Whether special circumstances of habeas proceedings affect the usual order for costs
  3. 3 Whether respondents' conduct entitles the applicant to costs or reduces his liability for costs

Ratio Decidendi

The application to vary the costs order is dismissed because, although the special circumstances of a habeas corpus application were considered, the applicant's conduct of the proceedings unnecessarily and inappropriately caused the respondents to incur costs, outweighing the public interest factor. The respondents are entitled to their costs, including those of this application.

Court Disposition

Application to vary costs order dismissed. Applicant to pay the respondents' costs, including for this application.

Orders

  • The application by the applicant to vary order 2 of the orders of the Court made on 29 October 2024 be dismissed.
  • Applicant to pay respondents' costs of the proceeding, including costs of this application.