Montgomery v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1444

Montgomery v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1444

The applicant is entitled to his costs of the proceedings, to be assessed if not agreed, but there is insufficient basis for an order for indemnity costs since there was no genuine offer to compromise and the live constitutional questions mean the respondents' refusal to settle was not unreasonable.

Jurisdiction
Australia
Judgment Date
22 November 2021
Procedural Posture
Judicial Review and Costs Application / Determination of Costs Following Substantive Judgment
Outcome
Respondents to pay applicant's costs of the proceedings, to be assessed if not agreed.
Legal Topics
['judicial Review' 'migration Law' 'costs Orders' 'indemnity Costs' 'habeas Corpus' 'model Litigant Obligations']
['administrative Law' 'constitutional Law' 'human Rights'] ['judicial Review' 'migration Law' 'costs Orders' 'indemnity Costs' 'habeas Corpus' 'model Litigant Obligations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review and Costs Application / Determination of Costs Following Substantive Judgment

Legal Issues

  1. 1 ['Whether the applicant should be awarded costs on an indemnity basis' 'Whether the applicant should receive costs due to offers of compromise' 'Appropriate exercise of costs discretion given bifurcation of constitutional issues']

Ratio Decidendi

The applicant is entitled to his costs of the proceedings, to be assessed if not agreed, but there is insufficient basis for an order for indemnity costs since there was no genuine offer to compromise and the live constitutional questions mean the respondents' refusal to settle was not unreasonable.

Court Disposition

Respondents to pay applicant's costs of the proceedings, to be assessed if not agreed.

Orders

  • ["The respondents pay the applicant's costs, such costs to be assessed by a Registrar if not agreed."]