Minister for Immigration & Multicultural & Indigenous Affairs v Wong [2002] FCAFC 327

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Wong [2002] FCAFC 327 PRACTICE AND PROCEDURE – interrogatories – leave granted to the applicant to administer interrogatories – whether error of principle in exercise of discretion – discretion miscarried where order to answer interrogatories rested entirely on a bare allegation with no foundation. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 501, 501C, Federal Court of Australia Act 1976 (Cth) s 23 Treasurer of the Commonwealth of Australia v Canwest Global Communications Corp (Beaumont, Burchett and Emmett JJ, 30 June 1997, unreported) considered Canwest Global Communications Corp v Australian Broadcasting Authority (Hill J, 16 June 1997, unreported) discussed WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175 followed Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 referred to Bomanite Pty Ltd v Slatex Corp Aust Pty Ltd (1991) 32 FCR 379 cited Nestle Australia Limited v Commissioner of Taxation (1986) 10 FCR 78 cited Australian Securities Commisison v Somerville (1994) 51 FCR 38 cited R v Secretary of State for the Home Department; Ex parte Herbage (No 2) [1987] QB 1077 considered Chan v Minister for Immigration and Ethnic Affairs (1983) 49 ALR 593 referred to Herijanto v Refugee Review Tribunal (2000) 74 ALJR 698 referred to TNT Australia Pty Limited v Fels (1992) ATPR 41-190 cited Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 cited MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS v TAI SHING WONG N 654 of 2002

HILL, MOORE AND BRANSON JJ 31 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 654 of 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS