Applicant ABCD v Refugee Review Tribunal

[2006] FCA 1127

FEDERAL COURT OF AUSTRALIA

Applicant ABCD v Refugee Review Tribunal [2006] FCA 1127

APPLICANT ABCD OF 2005 v REFUGEE REVIEW TRIBUNAL
NSD 580 OF 2005

ALLSOP J
29 AUGUST 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 580 OF 2005

BETWEEN:	APPLICANT ABCD OF 2005 Applicant
AND:	REFUGEE REVIEW TRIBUNAL Respondent

JUDGE:	ALLSOP J
DATE OF ORDER:	29 AUGUST 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The applicant pay the respondent’s costs of the proceedings.

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	NSD 580 OF 2005

BETWEEN:	APPLICANT ABCD OF 2005 Applicant
AND:	REFUGEE REVIEW TRIBUNAL Respondent

JUDGE:	ALLSOP J
DATE:	29 AUGUST 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 20 July 2006, I made an order dismissing the applicant’s application.  At her request, I received submissions on costs.  The parties agreed that I should deal with this issue on the papers.

2. The essence of the applicant’s submission on costs is that she was attempting to vindicate an important question of public interest, an importance related to the operation of the principles of procedural fairness.  She also stressed the novelty of the issues involved.

3. Notwithstanding the submissions of the applicant, I am not persuaded that there is any reasons why the usual rule as to costs should not apply.  I do not consider that the issues were such as to lead to a conclusion that the respondent should be deprived of its costs.  It is not a matter (as the applicant’s submission put it) of penalising the applicant.  I am simply unpersuaded that there is any legitimate basis for depriving the respondent of the award of costs to which prima facie it is entitled.

4. I order the applicant pay the respondents costs of the proceedings.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:       29 August 2006

Applicant appeared in person.
Counsel for the Respondent:	Ms D Watson
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	8 August 2006
Date of Judgment:	29 August 2006