Gersten v Minister for Immigration & Multicultural Affairs

FEDERAL COURT OF AUSTRALIA

Gersten v Minister for Immigration & Multicultural Affairs [2001] FCA 260

PRACTICE AND PROCEDURE – costs – whether primary Judge’s discretion miscarried in awarding indemnity costs.

Administrative Appeals Tribunal Act 1975 (Cth), ss 44, 46.
Freedom of Information Act 1982 (Cth), s 46(6)

Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225, applied.
White Industries (Qld) Pty Ltd v Flower & Hart (A Firm) (1998) 156 ALR 169, applied.

JOSEPH MORRIS GERSTEN AND ALEX LEE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 996 OF 2000

JOSEPH MORRIS GERSTEN AND ALEX LEE v AUSTRALIAN FEDERAL POLICE
N 168 OF 2001

LEE, CARR AND SACKVILLE JJ
19 MARCH 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 996 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

JOSEPH MORRIS GERSTEN
FIRST APPELLANT

ALEX LEE
SECOND APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGES:

LEE, CARR AND SACKVILLE JJ

DATE OF ORDER:

19 MARCH 2001

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellants pay the respondent’s costs.

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	N 168 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

JOSEPH MORRIS GERSTEN
FIRST APPELLANT

ALEX LEE
SECOND APPELLANT

AND:

AUSTRALIAN FEDERAL POLICE
RESPONDENT

JUDGES:

LEE, CARR AND SACKVILLE JJ

DATE OF ORDER:

19 MARCH 2001

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellants pay the respondent’s costs.

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	N 996 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

JOSEPH MORRIS GERSTEN
FIRST APPELLANT

ALEX LEE
SECOND APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 168 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

JOSEPH MORRIS GERSTEN
FIRST APPELLANT

ALEX LEE
SECOND APPELLANT

AND:

AUSTRALIAN FEDERAL POLICE
RESPONDENT

JUDGES:	LEE, CARR AND SACKVILLE JJ
DATE:	19 MARCH 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. These are appeals, made with leave, from judgments of a judge of this Court, Whitlam J, in which the appellants were ordered to pay costs “on an indemnity basis” on motions brought by the respective respondents (“the Minister” and “the AFP”) in separate proceedings commenced against them by the first appellant. The appeals were heard together.

2. The matters in which the motions were brought were “appeals” instituted by the first appellant from decisions of the Administrative Appeals Tribunal (“the Tribunal”) pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (“the AAT Act”). The first appellant is a…