SZISM v Minister for Immigration and Citizenship (No 2) [2007] FCAFC 106

SZISM v Minister for Immigration and Citizenship (No 2) [2007] FCAFC 106

An order for costs should reflect the appellant’s success on the main issue of construction of s 25 of the Federal Court of Australia Act 1976 (Cth), but also recognise the appellant’s lack of foundation regarding alleged error in the primary judgment. Accordingly, the first respondent is to pay 50% of the appellant's costs.

Jurisdiction
Australia
Judgment Date
20 July 2007
Procedural Posture
Appeal / Post Judgment, Costs Determination
Outcome
order for costs
Legal Topics
['costs' 'appeal' 'statutory Construction']
['administrative Law' 'migration Law'] ['costs' 'appeal' 'statutory Construction']

Case Brief

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Procedural Posture

Appeal / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Appropriate order as to costs following appellate success on substantive issue' 'Construction of s 25 of the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

An order for costs should reflect the appellant’s success on the main issue of construction of s 25 of the Federal Court of Australia Act 1976 (Cth), but also recognise the appellant’s lack of foundation regarding alleged error in the primary judgment. Accordingly, the first respondent is to pay 50% of the appellant's costs.

Court Disposition

order for costs

Orders

  • ["The first respondent pay 50% of the appellant's costs of the application to set aside the orders of the Court made on 16 February 2007 and entered on 27 February 2007."]