DAO16 v Minister for Immigration & Border Protection

The matter of DAO16 v Minister for Immigration & Border Protection involved an application for lump sum costs following the dismissal of an appeal against a decision of the Administrative Appeals Tribunal. The Appellants sought to contest the costs application on the basis of alleged non-compliance with the Guidelines for the Provision of Costs (GPN-Costs) by the Respondent. The Federal Court was required to determine whether the Respondent's costs application was in accordance with the GPN-Costs and, if not, whether a lump sum costs order was appropriate.

The Court found that the Respondent's application contained multiple non-compliances with the GPN-Costs. Despite these shortcomings, the Appellants indicated their willingness to accept a lump sum assessment of $10,000,000, provided that enforcement was stayed pending the determination of a potential appeal to the High Court. The Court noted that a lump sum costs order was preferable to a taxation of costs due to the non-compliances. Consequently, the Court ordered costs against the Appellants in the sum of $15,275.00, reflecting a compromise between the Appellants' offer and the Respondent's application.

The Court's decision was based on the Appellants' readiness to accept a lump sum assessment, the non-compliances in the Respondent's application, and the preference for a lump sum costs order over a taxation of costs. The Court found that a lump sum order was appropriate under the circumstances, balancing the Appellants' willingness to accept costs with the Respondent's application and the need to address the non-compliances.

The Court ordered that costs be awarded against the Appellants in the sum of $15,275.00. The entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.