SZBRB v Minister for Immigration and Multicultural &

[2004] FCA 529

FEDERAL COURT OF AUSTRALIA

SZBRB v Minister for Immigration & Multicultural &
Indigenous Affairs [2004] FCA 529

SZBRB v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS

N 368 of 2004

LINDGREN J

21 APRIL 2004

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 368 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	SZBRB APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	LINDGREN
DATE OF ORDER:	21 APRIL 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellant pay the respondent’s costs.

3.        The amount of the costs referred to in order 2 be fixed at $650.

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	N 368 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZBRB APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	LINDGREN
DATE:	21 APRIL 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The parties agree that this appeal from the Federal Magistrates Court of Australia be dismissed.  They disagree over costs.  The appellant says she cannot pay.  That is not a reason for not making an order, although it may be a reason why the respondent will not seek to enforce it.

2. I have been asked to fix the amount of the costs and am told that on a solicitor client basis that amount is some $1,000.  I will fix costs at $650.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.

Associate:

Dated:             3 May 2004

The Appellant appeared in person.
Solicitor for the Respondent:	Ms Zarucki of Clayton Utz
Date of Hearing:	21 April 2004
Date of Judgment:	21 April 2004