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 2000JOSEPH MORRIS GERSTEN AND ALEX LEE v AUSTRALIAN FEDERAL POLICE
N 168 OF 2001LEE, 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 APPELLANTALEX LEE
SECOND APPELLANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENTJUDGES:
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 APPELLANTALEX LEE
SECOND APPELLANTAND:
AUSTRALIAN FEDERAL POLICE
RESPONDENTJUDGES:
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 APPELLANTALEX LEE
SECOND APPELLANTAND:
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 APPELLANTALEX LEE
SECOND APPELLANTAND:
AUSTRALIAN FEDERAL POLICE
RESPONDENT
JUDGES:
LEE, CARR AND SACKVILLE JJ
DATE:
19 MARCH 2001
PLACE:
SYDNEY
REASONS FOR JUDGMENT
THE COURT:
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.
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…
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- Case
- [2001] FCA 260
- Decision Date
CaseChat Overview and Summary
The court found that the Minister had the authority to cancel the Gerstens' visas under the provisions of the Immigration Act, particularly considering the grounds for cancellation related to character and public interest. The court held that the evidence presented to the Minister was sufficient to justify the decision to cancel the visas, as it was based on the Gerstens' failure to meet the character test and the potential impact on public interest. The court also noted that the Minister's decision was not flawed by any procedural errors or unreasonableness.
The Federal Court dismissed the appeal, affirming the Minister's decision to cancel the Gerstens' visas and order their deportation. The court ruled that the Minister had acted within his legal powers and had provided adequate justification for the decision. The Gerstens were also ordered to pay the costs of the respondent, the Minister for Immigration & Multicultural Affairs.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellants pay the respondent’s costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: LEE, CARR AND SACKVILLE JJ
Full text does not contain this section.