Saad v Commissioner of the Australian Federal Police [No 2]

In the matter of Saad v Commissioner of the Australian Federal Police [No 2], the respondent, the Commissioner of the Australian Federal Police, sought an order that the appellant bear the costs of the appeal, which was dismissed. The primary dispute involved the interpretation and application of the law concerning the imposition of costs in appeals where the appeal is dismissed, particularly in cases where the appeal raises matters of national significance. The case was heard in the Federal Court of Australia.

The central legal issue before the court was whether the costs of the appeal should follow the usual course, that is, be borne by the appellant, or whether the appeal raised matters of such central and national significance that the respondent should bear its own costs. The court needed to determine whether the appeal had a potential impact on public law matters of national importance, which could warrant a departure from the standard practice of costs following the event.

The court held that there was no reason to depart from the usual position that costs should follow the event. The appeal did not raise any matter of central, and national significance that would justify a departure from this principle. The court found that the appeal did not have the potential to impact public law matters in a way that would warrant the respondent bearing its own costs. Consequently, the appellant was ordered to pay the respondent's costs of the appeal.

In conclusion, the Federal Court of Australia ordered the appellant to pay the respondent's costs of the appeal, as the appeal did not raise matters of central and national significance that would warrant a departure from the usual rule that costs follow the event.