Felix Walter Rohner v Linda Scanlan

[1998] FCA 1156

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 186 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

FELIX WALTER ROHNER AND BRUNO ANGELO BIONDI TINEO
Appellants

AND:

LINDA SCANLAN
First Respondent

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Second Respondent

JUDGES:	DRUMMOND, KIEFEL AND FINKELSTEIN JJ
DATE:	17 SEPTEMBER 1998
PLACE:	BRISBANE

REASONS FOR JUDGMENT

THE COURT

Lehane J ultimately concluded that the proceeding was in the nature of a test case and, for that reason, declined to order the present appellants to pay the Minister’s costs of the hearing before him, although they were the unsuccessful parties.

On the hearing of the appeal, the present respondents did not seek to challenge Lehane J’s conclusion as to this being a test case or his determination as to costs.

The Court therefore considers that the proper result, so far as costs are concerned, is that there be no order as to costs.

I certify that this page is a true copy of the Reasons for Judgment herein of the Court.

Associate:
Dated:             17 September 1998