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BSX15 v Minister for Immigration and Border Protection [2016] FCA 230

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EVIDENCE - claim to public interest immunity - ruling on the claim separate to the lis in which the claim arose - whether costs should be reserved COSTS - appropriate order where notice to produce substantially narrowed to a single document and where the claim to public interest immunity in relation to part of that document abandoned - claim to public interest immunity abandoned after the exchange of written submissions and two business days before the hearing of the claim to public interest immunity - Held: Director General of Security should pay applicant’s costs on and from the time it became clear that the applicant pressed for access only to the single document - before that time each party should bear his own costs

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