Patel v Minister for Immigration and Citizenship (No 3)

[2012] FCA 1021

FEDERAL COURT OF AUSTRALIA

Patel v Minister for Immigration and Citizenship (No 3) [2012] FCA 1021

Citation:		Patel v Minister for Immigration and Citizenship (No 3) [2012] FCA 1021
Appeal from:		Patel v Minister for Immigration and Citizenship & Anor [2011] FMCA 112
Parties:		CHANDRAKANT BHAGABHAI PATEL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number:		QUD 67 of 2011
Judge:		COLLIER J
Date of judgment:		17 September 2012
Cases cited:		Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 cited Patel v Minister for Immigration and Citizenship [2012] FCA 958 cited Patel v Minister for Immigration and Citizenship (No 2) [2012] FCA 1020 cited
Date of hearing:	4 September 2012
Date of last submissions:	17 September 2012
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	5
Counsel for the Appellant:	Mr L Boccabella
Solicitor for the Appellant:	AJ Torbey & Associates
Solicitor for the First and Second Respondents:	Ms GE O'Connor of Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 67 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

CHANDRAKANT BHAGABHAI PATEL
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	COLLIER J
DATE OF ORDER:	17 SEPTEMBER 2012
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

The appellant pay the first respondent’s costs of and incidental to the appeal, including the costs of the interlocutory application filed 4 November 2011, on a standard basis, to be assessed if not agreed.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 67 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

CHANDRAKANT BHAGABHAI PATEL
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	COLLIER J
DATE:	17 SEPTEMBER 2012
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. On 4 September 2012 I delivered judgment in the substantive proceeding (Patel v Minister for Immigration and Citizenship [2012] FCA 958). In that judgment I dismissed the appeal commenced by the appellant. At the time I ordered the parties to file submissions in respect of costs within seven days.

2. Submissions were filed on behalf of the Minister on 10 September 2012. In those submissions the Minister sought costs, both in respect of the substantive appeal and in respect of an interlocutory application filed by the appellant on 4 November 2012 which was also dismissed (Patel v Minister for Immigration and Citizenship (No 2) [2012] FCA 1020).

3. This afternoon, submissions were filed on behalf of the appellant in relation to costs incurred in relation to the substantive appeal. In summary, the appellant contends that Mr Patel was justified in bringing the appeal in circumstances where there was no dispute that the person who signed the relevant certificate had no authority to do so. No submissions were made by the appellant in response to the Minister’s submissions concerning costs incurred in respect of the interlocutory application.

4. The award of costs is at the discretion of the Court. In the absence of special circumstances justifying some other order, costs follow the event: Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 at 48,236 per Toohey J.

5. Both the appeal and the interlocutory application were dismissed. No circumstances warranting a departure from the usual rule have been demonstrated by the submissions of the appellant. In my view the appellant ought to be directed to pay the costs of the Minister in relation to both the appeal and the interlocutory application.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Collier.

Associate:

Dated:       17 September 2012