SZQTG v Minister for Immigration and Citizenship (No 2) [2012] FCA 895

SZQTG v Minister for Immigration and Citizenship (No 2) [2012] FCA 895

Because the first respondent's affidavit evidence showed actual costs of about $3,740.50 and an estimated recoverable amount on taxation of about $2,431, and because the nature of the proceedings made a fixed costs order appropriate, the Court fixed the costs recoverable from the appellant at $2,431.

Jurisdiction
Australia
Judgment Date
21 August 2012
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Determination of Fixed Costs After Dismissal of Appeal
Outcome
Fixed costs order granted in favour of the first respondent.
Legal Topics
['determination of Fixed Costs' 'affidavit Evidence' 'costs Recoverable on Taxation']
['practice and Procedure' 'costs'] ['determination of Fixed Costs' 'affidavit Evidence' 'costs Recoverable on Taxation']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Determination of Fixed Costs After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the Court should make a determination of fixed costs in favour of the first respondent.' 'Whether leave should be granted to the first respondent to file the affidavit of Ms Bulut sworn 20 August 2012.']

Ratio Decidendi

Because the first respondent's affidavit evidence showed actual costs of about $3,740.50 and an estimated recoverable amount on taxation of about $2,431, and because the nature of the proceedings made a fixed costs order appropriate, the Court fixed the costs recoverable from the appellant at $2,431.

Court Disposition

Fixed costs order granted in favour of the first respondent.

Orders

  • ['The costs which the first respondent may recover from the applicant be in the sum of $2,431.' 'Leave be granted to the first respondent to file in Court the affidavit of Ms Bulut sworn 20 August 2012.']