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

[2008] FCA 1348

FEDERAL COURT OF AUSTRALIA

SZLRA v Minister for Immigration and Citizenship (No. 2) [2008] FCA 1348

MIGRATION – consideration of an application for costs of the appeal

SZLRA and SZLRB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD1059 OF 2008

GREENWOOD J
26 AUGUST 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1059 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLRA
First Appellant

SZLRB
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GREENWOOD J
DATE OF ORDER:	26 AUGUST 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The costs of the first respondent of and incidental to the appeal payable by the appellants to the respondent pursuant to order 2 of the orders made today shall be fixed in an amount of $1,900.00

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	NSD1059 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLRA
First Appellant

SZLRB
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GREENWOOD J
DATE:	26 AUGUST 2008
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. I have a further application made this afternoon in relation to the question of costs of the appeal.  The order of the Court is that the appellant shall pay the costs of the first respondent of and incidental to the appeal.  The present application seeks to quantify those costs in an amount.  An affidavit of Nicola Johnson sworn 25 August 2008 is read in support of the application for costs fixed in an amount.  Having considered the content of that affidavit, I order that the costs, the subject of order 2 of the orders published today, be fixed in the amount of $1,900.00.

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

Associate:

Dated:       26 August 2008

Counsel for the Appellants:	Appellant - self represented
Counsel for the First Respondent:	Ms S A Sirtes
Solicitor for the Appellant:	Appellant – self represented
Solicitor for the First Respondent:	Sparke Helmore Solicitors
Date of Hearing:	25 August 2008
Date of Judgment:	26 August 2008