Liu v Minister for Immigration and Anor (No.2)

This matter concerned an application for costs made by the Minister for Immigration and Border Protection following earlier proceedings in the Federal Circuit Court. The applicant, Mr. Liu, had sought judicial review of a decision made by the Minister. Following the dismissal of Mr. Liu's application, the Minister sought an order for costs.

The central legal issue before the Court was whether the costs ordered against Mr. Liu should be paid by instalments. Mr. Liu contended that he lacked the financial capacity to pay the costs in a lump sum and therefore sought an order permitting payment by instalments. The Minister, conversely, sought an order for the full costs to be paid.

Judge Manousaridis considered the principles governing the award of costs and the circumstances in which instalment orders might be made. The Court noted that while instalment orders are a possibility, they are not routinely granted and require a demonstration of genuine financial hardship. After reviewing the material before the Court, His Honour concluded that there was insufficient evidence to warrant an order for payment by instalments.

Consequently, no order was made that the costs be paid by instalments.