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
APPELLANTAND:
DAMIAN GERRARD GRIFFITHS
RESPONDENTJUDGES:
FRENCH, DOWSETT & GYLES JJ
DATE:
16 NOVEMBER 2001
PLACE:
BRISBANE
REASONS FOR JUDGMENT
THE COURT:
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.
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.
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
- AGLC
- Migration Agents Registration Authority v Griffiths [2001] FCA 1610
- Case
- [2001] FCA 1610
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether there was a firm basis in principle to make an order for costs in favour of the respondent and if it was appropriate to accede to the appellant's request for an order for the costs of and incidental to its submissions on the issue of costs. The court had to consider the consequences of the interlocutory order and whether further judicial intervention was necessary or even possible. The court's published reasons for the earlier judgment provided the context for these considerations.
In its reasoning, the court concluded that it was inappropriate to revisit the issues in the earlier appeal, as they had already been adequately addressed in the published reasons. The court determined that the consequences of the interlocutory order made it unsuitable to seek to unravel them through further judicial intervention, and it might be impossible to do so. Consequently, the court found that there was no firm basis in principle for making an order for costs in favour of the respondent. Additionally, the court considered it inappropriate to grant the appellant's request for an order for the costs of and incidental to its submissions on the issue of costs, given the unusual situation. Therefore, the court decided that there would be no order as to costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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