SZKPE v Minister for Immigration and Citizenship (No 2) [2008] FCA 921

SZKPE v Minister for Immigration and Citizenship (No 2) [2008] FCA 921

Because the appeal had been dismissed for the appellant's failure to attend, the Notice of Motion for costs had been served at the appellant's address for service, the appellant again failed to appear when called, and the amount sought was supported by affidavit, it was reasonable to order the appellant to pay the Minister's costs of the appeal fixed at $1,740.

Jurisdiction
Australia
Judgment Date
26 May 2008
Procedural Posture
Appeal From the Federal Magistrates Court of Australia in Immigration/refugee Proceedings / Notice of Motion by the First Respondent for Costs After Dismissal of the Appeal for the Appellant's Failure to Attend
Outcome
The first respondent's costs application was granted as to the costs of the appeal, and no order was made as to costs of the Notice of Motion.
Legal Topics
['costs' 'dismissal of Appeal for Non Attendance' 'service of Court Documents' 'federal Court Appellate Jurisdiction']
['administrative Law' 'migration Law' 'civil Procedure'] ['costs' 'dismissal of Appeal for Non Attendance' 'service of Court Documents' 'federal Court Appellate Jurisdiction']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia in Immigration/refugee Proceedings / Notice of Motion by the First Respondent for Costs After Dismissal of the Appeal for the Appellant's Failure to Attend

Legal Issues

  1. 1 ["Whether the appellant should be ordered to pay the first respondent Minister's costs of the appeal after the appeal was dismissed for failure to attend." 'Whether the Notice of Motion seeking costs had been served on the appellant.']

Ratio Decidendi

Because the appeal had been dismissed for the appellant's failure to attend, the Notice of Motion for costs had been served at the appellant's address for service, the appellant again failed to appear when called, and the amount sought was supported by affidavit, it was reasonable to order the appellant to pay the Minister's costs of the appeal fixed at $1,740.

Court Disposition

The first respondent's costs application was granted as to the costs of the appeal, and no order was made as to costs of the Notice of Motion.

Orders

  • ["Orders that the appellant pay the respondent Minister's costs of the appeal fixed in the amount of $1,740." 'Makes no order as to costs in respect of the Notice of Motion filed 11 April 2008.']