Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant A26/02 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 192
APPLICANT A26/02 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S827 of 2003 CARR, GYLES & LANDER JJ 21 JULY 2004 ADELAIDE & PERTH (By video-link to Sydney)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY S827 OF 2003
BETWEEN: APPLICANT A26/02
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: CARR, GYLES & LANDER JJ
DATE OF ORDER: 21 JULY 2004
WHERE MADE: ADELAIDE & PERTH (By video-link to Sydney)
THE COURT ORDERS THAT: 1. The applicant pay the respondent's costs of both applications, including the costs of the respondent's motion, notice of which was filed on 16 July 2004. 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 S827 OF 2003
BETWEEN: APPLICANT A26/02
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGES: CARR, GYLES & LANDER JJ
DATE: 21 JULY 2004
PLACE: ADELAIDE & PERTH (By video-link to Sydney)
REASONS FOR JUDGMENT CARR J: 1 On 14 July 2004 the Court ordered that both these applications be dismissed for reasons which we published at that time. The orders did not provide for the costs of those applications. The respondent has filed a motion seeking an order that the applicant pay her costs. We have heard that motion this morning. My view is that the costs should follow the event in this matter, there being no special circumstances which would warrant not applying that general rule. I would order that the applicant pay the respondent's costs of both applications including the costs of the respondent's motion notice of which was filed on 16 July 2004. I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of Justice Carr.
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