Hossain v Minister for Immigration and Multicultural Affairs

[2000] FCA 584

FEDERAL COURT OF AUSTRALIA

Hossain v Minister for Immigration & Multicultural Affairs [2000] FCA 584

HOSSAIN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 33 of 2000

LINDGREN J
1 MAY 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 33 OF 2000

BETWEEN:	MD SHARIF HOSSAIN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	LINDGREN J
DATE OF ORDER:	1 MAY 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The applicant 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 33 OF 2000

BETWEEN:	MD SHARIF HOSSAIN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	LINDGREN J
DATE:	1 MAY 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(ex tempore)

1. On 28 April 2000 (last Friday), the applicant filed a notice of discontinuance bearing the consent of the solicitor for the respondent.  The proceeding was fixed for hearing today, but the applicant was entitled to discontinue with the consent of the respondent: see O 22 r 2(1)(c).

2. The applicant sent a fax to the Court asking that he not be ordered to pay the respondent's legal costs.  He sent a copy of that request to the Australian Government Solicitor representing the respondent.

3. The Australian Government Solicitor replied to the effect that costs would be sought, in view of the fact that the proceeding had been listed for directions hearings on two occasions and that the applicant had given notice of his wish to discontinue only as recently as last Thursday 27 April, only two working days before the hearing.

4. My Associate advised the parties that if they did not wish to make oral submissions they need not attend Court this afternoon and they have not done so. 

5. The applicant has not advanced any reason to displace the usual practice of the Court according to which a discontinuing party is ordered to pay the legal costs of the other party.  The applicant said in his letter only that he would be most grateful if the Court would exempt him from paying the respondent's legal costs.

6. I see no reason why the ordinary practice should not be adhered to.  Accordingly, the Court orders that the applicant pay the respondent's costs.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.

Associate:

Dated:             5 May 2000

The Applicant appeared in person
Solicitor for the Respondent:	Ms A Connor of The Australian Government Solicitor’s Office
Date of Hearing:	1 May 2000
Date of Judgment:	1 May 2000