Kandel Pathak v Minister for Immigration, Citizenship and Multicultural Affairs
[2023] FedCFamC2G 520
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Kandel Pathak v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 520
File number: DNG 20 of 2021 Judgment of: JUDGE YOUNG Date of judgment: 8 June 2023 Catchwords: MIGRATION LAW – where the applicant has withdrawn her application on the day of the hearing – where the Minister sought costs in the scale amount – where the matter was without complexity – where the amount set out in the rules is disproportionate to the issues involved. Division: Division 2 General Federal Law Number of paragraphs: 2 Date of hearing: 8 June 2023 Place: Darwin Solicitor for the Applicants: Self-Represented Litigant Counsel for the Respondent: Mr Pasas Solicitor for the Respondent: Clayton Utz ORDERS
DNG 20 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: LALITA KANDEL PATHAK
First Applicant
PRABHAT KANDEL
Second Applicant
SADHANA KANDEL (and others named in the Schedule)
Third Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
Respondent
order made by:
JUDGE YOUNG
DATE OF ORDER:
8 JUNE 2023
THE COURT ORDERS THAT:
UPON NOTING:
A.The Applicant has discontinued her Application.
THE COURT ORDERS THAT:
1.The Applicant filed 23 December 2021 is dismissed.
2.The Applicant pay the costs of the First Respondent fixed in the sum of $1,000.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
Judge Young
This is an application for judicial review where the applicant has discontinued her proceeding on the day of the hearing after discussion with me and me giving her an indication of the likely outcome. The Minister, as is the Minister’s right, has asked for costs as per the scale in the rules, which I think is in excess of $7,000 at the moment. While I consider that the Minister is perfectly entitled to make that submission and Mr Papas who made the submission, conducted himself in an exemplary fashion, and I thank him for his assistance, I do not accept his submission about that issue.
The issues here were very narrow and they arose out of a simple question of whether the applicant genuinely intended to stay temporarily. It was a matter completely without complexity and I cannot imagine that, apart from the paperwork, there was very much involved. All in all, I consider that the amount set out in the rules is disproportionate to the issues involved.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge Young. Associate:
Dated: 8 June 2023
SCHEDULE OF PARTIES
DNG 20 of 2021 Applicants
Fourth Applicant:
SAMIR KANDEL
Fifth Applicant:
SAMRAT KANDEL
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