SZGGU v Minister for Immigration
[2007] FMCA 1366
•8 August 2007
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZGGU v MINISTER FOR IMMIGRATION & ANOR | [2007] FMCA 1366 |
| MIGRATION – Review of Refugee Review Tribunal decision – notice of discontinuance filed – applicant to pay costs. |
| Federal Magistrates Court Rules 2001 |
| Applicant: | SZGGU |
| Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent | REFUGEE REVIEW TRIBUNAL |
| File number: | SYG 3268 of 2006 |
| Judgment of: | Scarlett FM |
| Hearing date: | 8 August 2007 |
| Date of last submission: | 12 July 2007 |
| Delivered at: | Sydney |
| Delivered on: | 8 August 2007 |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Appearance for the Respondent: | Ms S. Kantaria |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
The applicant is to pay the first respondent’s costs fixed in the sum of $3,380.00.
The title of the first respondent is changed to Minister for Immigration & Citizenship.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG3268 of 2006
| SZGGU |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| REFUGEE REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Ex Tempore: Revised)
This is an application for review of a decision of the Refugee Review Tribunal. It was listed for final hearing before Nicholls FM on 7 August 2007. On 12 July 2007 the applicant filed a notice of discontinuance.
The solicitors for the respondent Minister now seek an order for costs. The Federal Magistrates Court Rules 2001 provide that where an application is discontinued, a costs order may be made.
The applicant has not attended Court today and in my view there is no point in delaying the matter any further. The applicant was called three times outside the Court room, has not appeared and I propose to proceed.
In my view this is appropriate matter for costs and in my view the amount sought of $3,380.00 appears to me to be quite appropriate. It is certainly clear that the solicitors for the respondent have prepared a Court Book and have certainly got themselves well and truly ready to hear the matter in August had that been necessary.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate:
Date: 10 August 2007
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