FEDERAL COURT OF AUSTRALIA

SZVED v Minister for Immigration and Border Protection (No 2) [2017] FCA 395

ORDERS

THE COURT ORDERS THAT:

1.    The appellant pay the first respondent’s costs of the appeal, fixed pursuant to section 43(3)(d) of the Federal Court of Australia Act 1976 (Cth) in the sum of $3,200.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

GILMOUR J:

1    The appeal in this matter was dismissed by order dated 5 August 2016.

2    The first respondent was granted leave to file a minute of proposed orders in regards to costs and an accompanying affidavit.

3    The appellant was given 7 days from the date of service of the first respondent’s minute and affidavit to file any responding minute and/or affidavit evidence.

4    The first respondent filed short minutes of order with a supporting affidavit of Mr Mark Wiese affirmed on 1 August 2016. Mr Wiese is a lawyer in the employ of the first respondent’s lawyers in these proceedings. He deposed to the details of those lawyers’ costs billing system including disbursements and the particulars of those services in this matter which attracted professional costs, including all preparation for the appeal and its hearing. Those costs totalled $4,923.40. Based on information and belief, he deposed that the first respondent generally recovers between 65%-75% in respect of professional costs upon taxation.

5    On that basis he deposed that the first respondent would recover a sum within the range of $3,200 to $3,690.

6    I take this to mean that the bill for professional costs would likely be taxed at a sum in that range.

7    The first respondent, on this basis, seeks a fixed costs order against the appellant pursuant to s 43(3)(d) of the Federal Court of Australia Act 1976 (Cth), in the sum of $3,200.

8    I am satisfied that this is a reasonable sum and will make an order in terms of the short minutes.

Associate:

Dated:    19 April 2017