SZJDI v Minister for Immigration and Citizenship (No. 2)

[2008] FCA 813

FEDERAL COURT OF AUSTRALIA

SZJDI v Minister for Immigration & Citizenship (No. 2) [2008] FCA 813

MIGRATION – consideration of an application for an order that costs of the appeal be fixed in an amount

SZJDI v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD2547 OF 2007

GREENWOOD J
16 MAY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD2547 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJDI
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GREENWOOD J
DATE OF ORDER:	16 MAY 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The costs of the first respondent the subject of Order 2 of the Orders made on 16 May 2008 of and incidental to the appeal be fixed in the sum of $2,700.00. 

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	NSD2547 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZJDI
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GREENWOOD J
DATE:	16 MAY 2008
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. This afternoon judgment has been published in SZJDI v Minister for Immigration & Citizenship [2008] FCA 685. Order 2 of the Orders made today is an order that the appellant shall pay the costs of the first respondent of and incidental to the appeal. I have before me an application by the first respondent for an order that the costs the subject of Order 2 be fixed in an amount of $2,700.00. The application is supported by an affidavit of Mr Peter Snell a solicitor employed by Sparke Helmore Lawyers, the solicitors for the first respondent. The affidavit deposes to the sequence of steps involved in preparing and responding to the appeal. The affidavit of Mr Snell identifies an estimate of the party and party costs the first respondent would be entitled to recover on taxation in accordance with ‘Schedule 2 – scale of costs for work done and services performed’ in accordance with the Federal Court Rules. Having regard to Mr Snell’s affidavit, I am satisfied that an amount of $2,700.00 properly represents a discounted amount of the party and party costs the first respondent might otherwise be entitled to recover upon taxation. Accordingly, I make a further order that the costs of the first respondent the subject of Order 2 made today described above be fixed in the amount of $2,700.00.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.

Associate:

Dated:        16 May 2008

Counsel for the Appellant:	Appellant - Self represented
Solicitor for the Appellant	Appellant - Self represented
Counsel for the First Respondent:	Ms A Mitchelmore
Solicitor for the First Respondent:	Sparke Helmore
Date of Hearing:	13 May 2008
Date of Judgment:	16 May 2008