Migration Agents Registration Authority v Griffiths

Case •

[2001] FCA 1610

•

16 NOVEMBER 2001

FEDERAL COURT OF AUSTRALIA

Migration Agents Registration Authority v Griffiths [2001] FCA 1610

MIGRATION AGENTS REGISTRATION AUTHORITY v DAMIAN GERRARD GRIFFITHS

Q 97 of 2001

FRENCH, DOWSETT and GYLES JJ
16 NOVEMBER 2001
BRISBANE


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 97 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

MIGRATION AGENTS REGISTRATION AUTHORITY
APPELLANT

AND:

DAMIAN GERRARD GRIFFITHS
RESPONDENT

JUDGES:

FRENCH, DOWSETT & GYLES JJ

DATE:

16 NOVEMBER 2001

PLACE:

BRISBANE

REASONS FOR JUDGMENT

THE COURT:

  1. We delivered judgment in this matter on 24 August 2001, indicating at that time that in our opinion there should be no order as to costs.  We were subsequently asked to receive submissions in support of an application by the respondent for an order in his favour.  We have now received written submissions from both sides.  It is not appropriate to revisit the issues in the appeal with which we have adequately dealt in our published reasons. 

  2. It is sufficient for present purposes to say that the consequences of the interlocutory order which was the subject of the appeal are such that it is inappropriate to seek to unravel them by further judicial intervention.  Indeed, it may be impossible to do so.  In those circumstances we do not consider that there is any firm basis in principle for making an order for costs in favour of the respondent.  Given the unusual situation with which the Court is faced, we also consider that it would be inappropriate to accede to the appellant’s request for an order for the costs of and incidental to its submissions upon the issue of costs.

  3. There will be no order as to costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate:

Dated:             16 November 2001

Counsel for the Appellant: Mr P G Bickford
Solicitor for the Appellant: Blake Dawson Waldron
Counsel for the Respondent: Mr J Bell QC and Mr M J Burns
Solicitor for the Respondent: McCullough Robertson Lawyers
Date of Hearing: 24 August 2001
Date of Judgment: 16 November 2001
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