Gersten v Minister for Immigration & Multicultural Affairs

FEDERAL COURT OF AUSTRALIA

Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 922

JOSEPH MORRIS GERSTEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N795 of 1999

JOSEPH MORRIS GERSTEN v AUSTRALIAN FEDERAL POLICE
N 1392 of 1999

JUDGE:         WHITLAM J
DATE:           7 JULY 2000
PLACE:        SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N795 OF 1999

On appeal from a decision of the Administrative Appeals Tribunal
constituted by Deputy President B J McMahon

BETWEEN:	JOSEPH MORRIS GERSTEN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	WHITLAM J
DATE OF ORDER:	7 JULY 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The applicant and his solicitor Alex Lee pay to the respondent on the indemnity basis its costs of the motion filed in Court on 31 May 2000, including the costs of the hearings on 31 May, 2 June and 14 June 2000.

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	N1392 OF 1999

On appeal from a decision of the Administrative Appeals Tribunal
constituted by Deputy President B J McMahon

BETWEEN:	JOSEPH MORRIS GERSTEN APPLICANT
AND:	AUSTRALIAN FEDERAL POLICE RESPONDENT
JUDGE:	WHITLAM J
DATE OF ORDER:	7 JULY 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The applicant and his solicitor Alex Lee pay to the respondent on the indemnity basis its costs of the motion filed in Court on 31 May 2000, including the costs of the hearings on 31 May, 2 June and 14 June 2000.

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	N795 OF 1999

On appeal from decisions of the Administrative Appeals Tribunal
constituted by Deputy President B J McMahon

BETWEEN:	JOSEPH MORRIS GERSTEN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
N1392 OF 1999

BETWEEN:	JOSEPH MORRIS GERSTEN APPLICANT
AND:	AUSTRALIAN FEDERAL POLICE RESPONDENT

JUDGE:	WHITLAM J
DATE:	7 JULY 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. These two proceedings are appeals by the same applicant under s 44(1) of the Administrative Appeals Tribunal Act 1975 (“the Act”).  They have been allocated to the docket of Wilcox J.  In his absence, I heard various interlocutory applications in respect of which the respondent in each proceeding now seeks a costs order, on an indemnity basis, against the applicant and his solicitor.

2. The decisions of the Administrative Appeals Tribunal (“the Tribunal”) from which the appeals are brought involve proceedings under Part VI of the Freedom of Information Act 1982 (“the FOI Act”). Copies of the Tribunal’s decisions were filed with the notices of appeal. In each matter the Tribunal upheld claims that documents, to which the applicant requested access under the FOI Act, were exempt documents under that Act. Proceeding N795 of 1999 relates to the decision of the Tribunal made on 21 July 1999 in respect…