Applicant A26/02 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCAFC 192

FEDERAL COURT OF AUSTRALIA

Applicant A26/02 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 192

APPLICANT A26/02 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

S827 of 2003

CARR, GYLES & LANDER JJ
21 JULY 2004
ADELAIDE & PERTH (By video-link to Sydney)

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	S827 OF 2003

BETWEEN:	APPLICANT A26/02 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGES:	CARR, GYLES & LANDER JJ
DATE OF ORDER:	21 JULY 2004
WHERE MADE:	ADELAIDE & PERTH (By video-link to Sydney)

THE COURT ORDERS THAT:

1.The applicant pay the respondent's costs of both applications, including the costs of the respondent's motion, notice of which was filed on 16 July 2004. 

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	S827 OF 2003

BETWEEN:	APPLICANT A26/02 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGES:	CARR, GYLES & LANDER JJ
DATE:	21 JULY 2004
PLACE:	ADELAIDE & PERTH (By video-link to Sydney)

REASONS FOR JUDGMENT

CARR J:

1. On 14 July 2004 the Court ordered that both these applications be dismissed for reasons which we published at that time.  The orders did not provide for the costs of those applications.  The respondent has filed a motion seeking an order that the applicant pay her costs.  We have heard that motion this morning.  My view is that the costs should follow the event in this matter, there being no special circumstances which would warrant not applying that general rule.  I would order that the applicant pay the respondent's costs of both applications including the costs of the respondent's motion notice of which was filed on 16 July 2004.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of Justice Carr.

Associate:

Dated:               29 July 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	S827 OF 2003

BETWEEN:	APPLICANT A26/02 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGES:	CARR, GYLES & LANDER JJ
DATE:	21 JULY 2004
PLACE:	ADELAIDE & PERTH (By video-link to Sydney)

REASONS FOR JUDGMENT

GYLES J:  

1. I agree.  The time for submissions about costs, if they were not to follow the event, is at the hearing, and I refer to the decision of the Full Court in Hanave v LFOT Pty Ltd [1999] FCA 572. Furthermore, the relisting of the matter is not only a question of the respondent’s motion, although that is before us. The orders have not been entered and the costs should have been dealt with. They were not. It is a conventional application of the power to perfect and correct orders previously made. I agree with Carr J's proposed order.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Hon Justice Gyles.

Associate:

Dated:               29 July 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	S827 OF 2003

BETWEEN:	APPLICANT A26/02 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGES:	CARR, GYLES & LANDER JJ
DATE:	21 JULY 2004
PLACE:	ADELAIDE AND PERTH (By video-link to Sydney)

REASONS FOR JUDGMENT

LANDER J:

1. I also agree with Carr J's proposed order and for the reasons he gave.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Hon Justice Lander.

Associate:

Dated:               29 July 2004

The Applicant did not appear:
Solicitor for the Respondent:	Mr R White of Sparke Helmore
Date of Hearing:	21 July 2004
Date of Judgment:	21 July 2004