Kamboj v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 1241

Kamboj v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 1241

Given the absence of opposition by the appellant and the reasonableness of the amount sought, together with the endorsement of lump sum costs orders by the Court and the relevant practice note and case law, a fixed costs order in the amount claimed is appropriate.

Parties
Appellant: Saurabh Kamboj; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 October 2022
Procedural Posture
Appeal / Post Judgment (costs Application Determined on the Papers)
Outcome
Fixed costs order made against appellant
Legal Topics
Fixed Costs, Lump Sum Costs Order, Cost Discretion
Administrative Law Costs Fixed Costs Lump Sum Costs Order Cost Discretion

Case Brief

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Parties

Saurabh Kamboj

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Post Judgment (costs Application Determined on the Papers)

Legal Issues

  1. 1 Whether the first respondent's costs should be fixed in the amount claimed under r 40.02(b) of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

Given the absence of opposition by the appellant and the reasonableness of the amount sought, together with the endorsement of lump sum costs orders by the Court and the relevant practice note and case law, a fixed costs order in the amount claimed is appropriate.

Court Disposition

Fixed costs order made against appellant

Orders

  • The appellant pay the first respondent's costs fixed in the amount of $6,730.24.