SZGCM v Minister for Immigration and Citizenship (No.2) [2008] FCA 1368

SZGCM v Minister for Immigration and Citizenship (No.2) [2008] FCA 1368

Because the appellant agreed that the judge should assess the costs, the first respondent's affidavit supported the amount claimed as recoverable on taxation, and the appellant's inability to pay did not justify a further reduction, a proper case was made out for fixing the first respondent's costs at $2,700.

Jurisdiction
Australia
Judgment Date
25 August 2008
Procedural Posture
Appeal in the Federal Court of Australia Concerning Costs After Dismissal of Appeal / Notice of Motion for Fixed Costs After Appeal Dismissed
Outcome
The first respondent's notice of motion for fixed costs was granted.
Legal Topics
['costs' 'fixed Costs Order' 'taxation of Costs']
['migration Law' 'civil Procedure'] ['costs' 'fixed Costs Order' 'taxation of Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal in the Federal Court of Australia Concerning Costs After Dismissal of Appeal / Notice of Motion for Fixed Costs After Appeal Dismissed

Legal Issues

  1. 1 ["Whether the appellant should pay the first respondent's costs fixed in a gross sum." 'Whether the judge should assess costs rather than a taxing officer.' "Whether the appellant's inability to pay justified reducing the claimed costs."]

Ratio Decidendi

Because the appellant agreed that the judge should assess the costs, the first respondent's affidavit supported the amount claimed as recoverable on taxation, and the appellant's inability to pay did not justify a further reduction, a proper case was made out for fixing the first respondent's costs at $2,700.

Court Disposition

The first respondent's notice of motion for fixed costs was granted.

Orders

  • ["The appellant pay the first respondent's costs, fixed in the sum of $2,700."]