Bowman v Commonwealth of Australia

Bowman was the applicant in a proceeding against the Commonwealth of Australia, seeking relief related to his immigration detention and removal from Australia. After the judgment was reserved, Bowman was granted a visa, rendering the proceeding moot. The Federal Court was required to determine whether the proceeding should be dismissed or permanently stayed, and whether an order for costs should be made in light of the mootness and the absence of a judgment on the merits.

The court held that it was inappropriate to express any views about the likelihood of the applicant succeeding in the proceeding, as part of its consideration of the costs discretion. It found that no orders as to costs should be made, in line with the decision in Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin. The court dismissed the proceeding without adjudicating on the merits.

The proceeding was dismissed, without adjudication on the merits, and there was no order as to costs. Each party bore their own costs of the proceeding, including any reserved costs. The entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.