Tran v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2006] FCA 199

Tran v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2006] FCA 199

The applicant's solicitor pursued an utterly devoid of merit constitutional point, leading to unnecessary costs. The solicitor was aware the claim was unarguable, so pursuant to O 62 r 9(1)(c), he is ordered to repay to the applicant (by direct payment to respondents) $1000 towards the costs incurred.

Jurisdiction
Australia
Judgment Date
10 March 2006
Procedural Posture
Costs Application / Post Judgment Costs Order
Outcome
Applicant's solicitor ordered to pay $1000 towards costs thrown away by pursuing hopeless constitutional point.
Legal Topics
['costs' 'wasted Costs' 'liability of Solicitor' 'federal Court Rules' 'constitutional Law']
['civil Procedure'] ['costs' 'wasted Costs' 'liability of Solicitor' 'federal Court Rules' 'constitutional Law']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Costs Order

Legal Issues

  1. 1 ["Whether the applicant's solicitor should be ordered to repay costs to the applicant under O 62 r 9(1)(c) of the Federal Court Rules due to pursuing an unarguable constitutional challenge"]

Ratio Decidendi

The applicant's solicitor pursued an utterly devoid of merit constitutional point, leading to unnecessary costs. The solicitor was aware the claim was unarguable, so pursuant to O 62 r 9(1)(c), he is ordered to repay to the applicant (by direct payment to respondents) $1000 towards the costs incurred.

Court Disposition

Applicant's solicitor ordered to pay $1000 towards costs thrown away by pursuing hopeless constitutional point.

Orders

  • ["Applicant's solicitor to repay to the applicant the sum of $1000 towards costs ordered on 10 February 2006 to be paid to respondents." "Applicant's solicitor to pay $1000 directly to respondents on or before 9 May 2006." 'The sum, when paid, to be credited to the applicant by respondents and deducted from costs...