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 Costs appeal 28 June 2013

The Justice Action team outside the Court of Appeal on Friday 28 June 2013

 

Report on $36,000 Costs Hearing in Court of Appeal

On Friday 28 June 2013, Justices Ruth McColl and Fabian Gleeson heard Saeed Dezfouli’s application for leave to appeal. Appeal is sought against the cost order of $36,000 made by Justice Johnson in the Supreme Court against Saeed and his primary carer. The decision has been reserved until a later date to be determined. If the court grants leave, a further hearing will be heard in front of three judges to determine the appeal itself.

Presentation of the evidence was well received, both Justices appearing to have a firm understanding of Saeed’s case. His case is supported by evidence of the key matter that instructions were not withdrawn from the legal representatives as claimed by the Attorney-General.

Contrary to the opposition’s claims, evidence clearly shows that delay in lodging the application to appeal was the result of ongoing negotiations with the Attorney-General regarding enforcement of the costs order.

The strength and importance of the case has been widely acknowledged. For example, Shadow Attorney-General Paul Lynch asked a question in Parliament about the proceedings.

Greens MP David Shoebridge has also given the case public support and personally approached the Attorney-General to seek the revocation of the costs order.

The opposing party has implicitly acknowledged the merit of the case, having attempted to disqualify the case prior to hearing on procedural grounds to avoid the hearing. However, the compelling evidence currently before the Court of Appeal suggests a favourable decision may overturn the Justice Johnson’s costs order.

 

Here are the documents before the court:

Summons 

Summary of argument

Crown’s response to application

Reply to Crown’s response

 

 

 

 

 

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