Koroitamana v Commonwealth of Australia

[2005] FCAFC 98

FEDERAL COURT OF AUSTRALIA

Koroitamana v Commonwealth of Australia [2005] FCAFC 98

LOMANI JOEY KOROITAMANA AND ANOR v COMMONWEALTH OF AUSTRALIA AND ANOR
NSD 1448 of 2004

BLACK CJ, CONTI J & ALLSOP J
27 MAY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1448 of 2004

A CASE STATED BY A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

LOMANI JOEY KOROITAMANA An infant by her next friend Sereana Naikelekele
FIRST APPLICANT

MEREANI DIVOLIVOLI An infant by her next friend Sereana Naikelekele
SECOND APPLICANT

AND:

COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGES:

BLACK CJ, CONTI J & ALLSOP J

DATE OF ORDER:

27 MAY 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

The parties bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J.

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	NSD 1448 of 2004

A CASE STATED BY A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

LOMANI JOEY KOROITAMANA An infant by her next friend Sereana Naikelekele
FIRST APPLICANT

MEREANI DIVOLIVOLI An infant by her next friend Sereana Naikelekele
SECOND APPLICANT

AND:

COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGES:	BLACK CJ, CONTI J & ALLSOP J
DATE:	27 MAY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. On 15 April 2005, we made orders substantially disposing of the case stated by Emmett J.  We called for submissions on costs.

2. The first respondent has submitted (very properly if we may say so) that the parties should bear their own costs given the procedure adopted and the important questions raised.

3. In these circumstances it is appropriate, notwithstanding the respondents success in the case stated, that the costs order be that the parties bear their own costs of the case stated and the hearing of the case stated reserved by Emmett J.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Black, Justice Conti and Justice Allsop.

Associate:

Dated:            27 May 2005

Counsel for the Applicants:	Mr J Basten QC with  Mr S Prince
Solicitor for the Applicants:	Ms M Byers
Counsel for the Respondents:	Mr DMJ Bennett QC with Ms M Perry QC
Solicitor for the Respondents:	Australian Government Solicitor
Date of Hearing:	22 February 2005
Date of Judgment:	27 May 2005