Nacika v Minister for Immigration and Multicultural Affairs

Case •

[2001] FCA 269

•

16 MARCH 2001

FEDERAL COURT OF AUSTRALIA

Nacika v Minister for Immigration & Multicultural Affairs [2001] FCA 269

NACIKA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
V 53 OF 2001

JUDGE:         MERKEL J
DATE:           16 MARCH 2001
PLACE:         MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 53 OF 2001

BETWEEN:

WAISALE R NACIKA
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

MERKEL J

DATE:

16 MARCH 2001

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

  1. The present case involved provisions of the Migration Act 1958 (Cth) which have not previously been the subject of review in the Federal Court. As a result of directions made by the Court, the Minister incurred substantial costs in preparing detailed contentions of fact and law.

  2. At the hearing of the matter the application was dismissed and the Minister requested that costs follow the event.  I was concerned about the amount of costs that might have been incurred as a result of the issues arising in this matter coming before the Court for the first time.  Accordingly, I requested that the Minister submit details of the costs he claimed, which he claims will amount to over $13,000.

  3. In the circumstances I regard it as unfair that the applicant be liable for such substantial costs because the present case was the first case of its kind.  Further, it is likely that the Minister will be able to use the contentions of fact and law and other work carried out in the present case as the basis for his submissions in subsequent cases which deal with the same provisions.  Accordingly, it is appropriate to order that the Minister be paid half of his costs to be taxed.

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

Associate:

Dated:             16 March 2001

Counsel for the Respondent: Ms C Beaton-Wells
Solicitor for the Respondent: Blake Dawson Waldron
Date of Hearing: 16 February 2001
Date of Judgment: 16 March 2001
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