CMB16 and Anor v Minister For Immigration and Anor (No.2)

[2017] FCCA 732

FEDERAL CIRCUIT COURT OF AUSTRALIA

CMB16 & ANOR v MINISTER FOR IMMIGRATION & ANOR (No.2) [2017] FCCA 732

Catchwords:
MIGRATION – Safe Haven Enterprise visas – costs – appropriate matter to depart from scale costs – substantial costs incurred by the applicant in excess of the scale.

First Applicant: CMB16

Second Applicant: CMB16A

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: SYG 2396 of 2016

Judgment of: Judge Street

Hearing date: 12 April 2017

Date of Last Submission: 12 April 2017

Delivered at: Sydney

Delivered on: 12 April 2017

REPRESENTATION

Counsel for the Applicant: Mr D Godwin

Solicitors for the Applicant: Norton Rose Fulbright

Counsel for the Respondents: Mr B Kaplan

Solicitors for the Respondents: Sparke Helmore

ORDERS

1. The First Respondent pay the Applicants’ costs fixed in the amount of $15,000.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2396 of 2016

CMB16

First Applicant

CMB16A

Second Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

Costs

1. I am satisfied that this is an appropriate matter in which to depart from  its usual scale of costs. I am satisfied that substantial costs have been incurred by the applicant. It is in the interests of the parties that the Court fix costs to assist in finality of the relief before this Court. 

2. The matter in the present case did involve adducing evidence in respect of substantial country information that was not irrelevant to the ground upon which the applicant succeeded as raised in her statutory declaration. I am satisfied that the applicant has incurred costs substantially in excess of the scale. I was informed that the cost estimate, albeit not on a party-party basis, would be in the order of $29,000.00.

3. No evidentiary issue was taken, properly so by counsel on behalf of the first respondent as to the estimate provided by counsel for the applicant.  Counsel for the first respondent identified a more modest level of costs having been incurred on the other side, but still costs in excess of the scale amount.

4. I am satisfied this is an appropriate matter in which to fix the costs in the sum of $15,000.00.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  24 April 2017