Hossain v Minister for Immigration and Multicultural Affairs

[2000] FCA 1962

FEDERAL COURT OF AUSTRALIA

Hossain v Minister for Immigration & Multicultural Affairs
[2000] FCA 1962

MD KAMAL HOSSAIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 1063 OF 2000

GYLES J
SYDNEY
7 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1063 OF 2000

BETWEEN:	MD KAMAL HOSSAIN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	7 DECEMBER 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Application dismissed.

2.Applicant to pay 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 1063 OF 2000

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

JUDGE:	GYLES J
DATE:	7 DECEMBER 2000
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. In this matter the applicant does not wish to pursue the application and I therefore dismiss the application.  Application is made on behalf of the Minister for an order for costs.  That would be the usual result of what has occurred.

2. On Monday, 4 December, the solicitors for the Minister became aware of a communication from the applicant to the Court indicating a desire to discontinue the case and seeking an exemption from paying the respondent’s legal costs.  The Registrar had replied, indicating the various ways in which the matter might be dealt with to formalise the position.  None of those was availed of and when the matter was called yesterday he did not appear, although he did appear later in the afternoon.  By that time the interpreter had left and I thought it was appropriate to deal with the matter today when an interpreter could be present.

3. I think the Minister is entitled to press the order for payment of costs.  Whether or not it can ever be enforced is entirely another matter.

4. The question of the notice which the Minister received, informal though it was, early this week is a matter which might be taken into account on the taxation of costs.  I do not think it is something that I can properly take account of in the making of my order.

5. I therefore order that the applicant pay the costs of the respondent.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Associate:

Dated:             22 March 2001

The Applicant was self-represented

Counsel for the Respondent:	J Blackman
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	6, 7 December 2000
Date of Judgment:	7 December 2000