Singh v Minister for Home Affairs (No 2) [2019] FCA 29

Singh v Minister for Home Affairs (No 2) [2019] FCA 29

The applicant is to pay the Minister's costs as the Minister was wholly successful and the applicant did not oppose the orders sought. There is no reason why the ordinary rule as to costs should not apply. The conduct of Mr Satchi, though concerning, does not warrant a non-party costs order but should be referred to the relevant authorities.

Jurisdiction
Australia
Judgment Date
23 January 2019
Procedural Posture
Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Post Judgment, Costs Determination and Referral
Outcome
Applicant to pay Minister's costs; Registrar to refer matter to authorities regarding Mr Satchi's conduct
Legal Topics
['costs' 'objection to Competency' 'conduct of Third Parties' 'legal Representation' 'referrals to Authorities']
['administrative Law'] ['costs' 'objection to Competency' 'conduct of Third Parties' 'legal Representation' 'referrals to Authorities']

Case Brief

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Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Post Judgment, Costs Determination and Referral

Legal Issues

  1. 1 ['Whether cost orders should be made against the applicant or against a third party purporting to represent the applicant' 'Whether the conduct of the third party (Mr Satchi) should be referred to relevant authorities']

Ratio Decidendi

The applicant is to pay the Minister's costs as the Minister was wholly successful and the applicant did not oppose the orders sought. There is no reason why the ordinary rule as to costs should not apply. The conduct of Mr Satchi, though concerning, does not warrant a non-party costs order but should be referred to the relevant authorities.

Court Disposition

Applicant to pay Minister's costs; Registrar to refer matter to authorities regarding Mr Satchi's conduct

Orders

  • ["The applicant is to pay the first respondent's costs fixed in the sum of $18,722.00." 'The Registrar is to draw these reasons to the attention of the Law Society of New South Wales and the Bar Association of New South Wales and to provide those bodies with relevant transcripts, Court file, and correspondence.']