Equity Access Ltd v Westpac Banking Corporation

In the Federal Court of Australia, the case of Equity Access Ltd v Westpac Banking Corporation, NO. G 3 of 1989, was heard before Lockhart J. The dispute arose from the refusal of a temporary entry permit and the decision not to grant entry or resident status to the applicant, Shahin Tahmasebi, by the Minister for Immigration, Local Government and Ethnic Affairs. The case, initially set for hearing, became academic as the Minister, through his delegate, granted the applicant a temporary entry permit allowing a twelve-month stay in Australia, with permission to engage in employment and release from detention.

The primary legal issue before the court was the determination of costs for the proceedings. Given the academic nature of the case due to the supervening decision by the Minister, the court had to assess the likely outcome of the trial, which was complicated by the settled nature of the matter. The court considered submissions from both parties but found it challenging to determine whether the applicant would have succeeded in his application with certainty.

Lockhart J concluded that it was not possible to determine with confidence whether the applicant would have succeeded or failed in his application. Consequently, the court decided not to order costs for either party, as it could not ascertain the likely result of the trial. The court certified the judgment, which was made on 9 June 1989, and vacated the special fixture for the hearing.