Fernando v Minister for Immigration and Citizenship (No 7)

[2008] FCA 1955

FEDERAL COURT OF AUSTRALIA

Fernando v Minister for Immigration and Citizenship (No 7) [2008] FCA 1955

WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO v MINISTER FOR IMMIGRATION AND CITIZENSHIP

WAD 202 of 2007

SIOPIS J
19 DECEMBER 2008
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 202 of 2007

BETWEEN:	WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	19 DECEMBER 2008
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.There be no order as to costs.

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

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 202 of 2007

BETWEEN:	WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	SIOPIS J
DATE:	19 DECEMBER 2008
PLACE:	PERTH

REASONS FOR JUDGMENT

1. On 13 August 2008, I dismissed the application brought by the applicant, Mr Fernando, on 15 October 2007, which was before Mr John Robert Broderick Ley was appointed by the Court as Mr Fernando’s tutor for the conduct of this proceeding.  In that proceeding Mr Fernando claimed compensation for what he described as his unlawful detention in migration detention (Fernando v Minister for Immigration and Citizenship (No 4) (2008) FCA 1218). I said that I would hear the parties as to costs.

2. The respondent submitted the applicant should pay the respondent’s costs.  The respondent contended that this would have the effect of rendering Mr Ley personally liable for the costs of the applicant, subject to an indemnity in favour of Mr Ley from the applicant.  The respondent contended that there were no special circumstances in this case as would cause the Court, in the exercise of its discretion, to depart from the usual order that costs follow the event.

3. I considered an argument to like effect in relation to proceeding WAD 103 of 2007 (Fernando v Minister for Immigration and Citizenship (No 6) [2008] FCA 1954). The same reasons as applied in that case, apply in the circumstances of this case and I, accordingly,
   order that there be no order as to costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Siopis.

Associate:

Dated:        19 December 2008

Counsel for the Applicant:	Dr JL Cameron
Solicitor for the Applicant:	Lavan Legal
Counsel for the Respondent:	Mr JD Allanson SC
Solicitor for the Respondent:	Australian Government Solicitor

Date of Hearing:	1 December 2008
Date of Judgment:	19 December 2008