Gaba v Minister for Immigration

[2015] FCCA 1687

FEDERAL CIRCUIT COURT OF AUSTRALIA

GABA v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1687

Catchwords:
MIGRATION – Migration Review Tribunal – notice of discontinuance.

PRACTICE AND PROCEDURE – Costs.

Applicant: SAHIL GABA

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1344 of 2015

Judgment of: Judge Street

Hearing date: 18 June 2015

Date of Last Submission: 18 June 2015

Delivered at: Sydney

Delivered on: 18 June 2015

REPRESENTATION

No appearance by the applicant

Solicitors for the Respondents: Ms E. Warner-Knight
Australian Government Solicitor

ORDERS

The applicant pay the first respondent’s costs fixed in the sum of $1367.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 1344 of 2015

SAHIL GABA

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In the matter of Gaba, matter number 13, the Court notes that the applicant has filed a notice of discontinuance. The respondent has moved for an order for costs in respect of the notice of discontinuance, consistent with the Rules. As the notice of discontinuance was not filed pursuant to consent orders that provided for each party to bear its own costs the first respondent is entitled to its costs.

I certify that the preceding one (1) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  30 June 2015