Viane v Minister for Immigration and Border Protection (No 2)

[2018] FCAFC 175

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of proceedings below after successful appeal
4. › Whether appellant succeeded on ground not raised before primary judge
5. › Whether ground comprised only a 'sliver' of arguments below
6. › Whether departure from usual costs order warranted

Quick Take

Where the substance of a successful appeal ground was raised before the primary judge, even if the precise articulation of the jurisdictional error developed over the course of proceedings, the usual costs order following the event will apply to the proceedings below.