Islam v Minister for Immigration and Multicultural Affairs
[2001] FCA 1419
•2 OCTOBER 2001
FEDERAL COURT OF AUSTRALIA
Islam v Minister for Immigration & Multicultural Affairs [2001] FCA 1419
MOHAMMED NURUL ISLAM v
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 12 OF 2001TAMBERLIN J
SYDNEY
2 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N12 OF 2001
BETWEEN:
MOHAMMED NURUL ISLAM
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE:
TAMBERLIN J
DATE OF ORDER:
2 OCTOBER 2001
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. Leave be granted to the applicant to discontinue the proceedings.
2. The applicant pay the respondent’s costs of the application.
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
N12 OF 2001
BETWEEN:
MOHAMMED NURUL ISLAM
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE:
TAMBERLIN J
DATE:
2 OCTOBER 2001
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In this matter the parties are in agreement that the matter is to be discontinued and I grant leave to the applicant to discontinue the proceedings.
A question has arisen in relation to costs. The normal rule is that costs follow the outcome. In this case the outcome is in favour of the Minister. The applicant says, and I accept, that he may well be unable to pay the costs but, in the circumstances, I think that the appropriate order is that there be an order for costs. It is a matter for the Minister as to the feasibility of pursuing this application any further insofar as the question of costs is concerned.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin. Associate:
Dated: 11 October 2001
The applicant appeared in person Solicitor for the Respondent: Rohan White
Sparke HelmoreDate of Hearing: 2 October 2001 Date of Judgment: 2 October 2001
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