De Alwis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 77

FEDERAL COURT OF AUSTRALIA

De Alwis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 77 Practice and procedure - costs - indemnity costs - applicable principles - purpose of indemnity costs compensatory rather than punitive - usual rule that costs awarded on a party and party basis - discretion of the Court - exercise of the discretion depends on particular circumstances - appeal commenced or continued when appellant should have known on proper advice that there was no chance of success - failure to comply with rules or directions of the Court - costs awarded on indemnity basis. Federal Court Rules O 52 r 15

Latoudis v Casey (1990) 170 CLR 534 cited Ohn v Waltob (1995) 36 NSWLR 77 cited Colgate-Palmolive v Cussons (1993) 46 FCR 225 cited Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Limited (1988) 81 ALR 397 cited Botany Municipal Council v Secretary, Department of the Arts, Sport, the Environment, Tourism and Territories (1992) 34 FCR 412 cited VIJITHA GAMINI DE ALWIS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 107 OF 2003 TAMBERLIN, RD NICHOLSON AND EMMETT JJ 29 MARCH 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 107 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: VIJITHA GAMINI DE ALWIS

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: TAMBERLIN, RD NICHOLSON AND EMMETT JJ

DATE OF ORDER: 29 MARCH 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: The appellant pay the respondent's costs of the appeal on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA