SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 979

SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 979

Because the appellants succeeded on appeal on grounds that were not advanced before the Federal Circuit Court, or at least not advanced there in the form put in this Court, costs in the court below should not follow the event. Although it was not appropriate to award costs against the appellants below, the appropriate course was that each party bear their own costs of the Federal Circuit Court proceedings.

Jurisdiction
Australia
Judgment Date
13 July 2020
Procedural Posture
Appeal From the Federal Circuit Court of Australia / Supplementary Costs Orders After Appeals Allowed
Outcome
Order 2(c) of the orders made on 12 June 2020 was vacated in each matter; the Federal Circuit Court costs order was set aside and replaced with no order for costs; parties were ordered to bear their own costs of the supplementary costs application.
Legal Topics
['costs of Proceedings Below' 'costs Discretion' 'appeal Successful on Grounds Not Advanced Below' 'remittal to Administrative Appeals Tribunal']
['administrative Law' 'immigration Law' 'costs'] ['costs of Proceedings Below' 'costs Discretion' 'appeal Successful on Grounds Not Advanced Below' 'remittal to Administrative Appeals Tribunal']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit Court of Australia / Supplementary Costs Orders After Appeals Allowed

Legal Issues

  1. 1 ['Whether order 2(c) of the orders made on 12 June 2020 should be varied in relation to the costs of the proceedings before the Federal Circuit Court.' 'Whether the appellants should receive costs of the proceedings below where the appeal succeeded on grounds not advanced before the Federal Circuit Court, or not advanced in the same form.']

Ratio Decidendi

Because the appellants succeeded on appeal on grounds that were not advanced before the Federal Circuit Court, or at least not advanced there in the form put in this Court, costs in the court below should not follow the event. Although it was not appropriate to award costs against the appellants below, the appropriate course was that each party bear their own costs of the Federal Circuit Court proceedings.

Court Disposition

Order 2(c) of the orders made on 12 June 2020 was vacated in each matter; the Federal Circuit Court costs order was set aside and replaced with no order for costs; parties were ordered to bear their own costs of the supplementary costs application.

Orders

  • ['NSD 496 of 2019: Order 2(c) of the orders made on 12 June 2020 be vacated.' 'NSD 496 of 2019: Order 2 of the Federal Circuit Court of Australia made on 15 March 2019 be set aside and in lieu thereof it be ordered that there be no order for costs.' 'NSD 496 of 2019: The parties bear their own costs relating to the...