Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goldsmith v Minister for Immigration & Multicultural Affairs [2006] FCAFC 130
PRACTICE & PROCEDURE –– personal costs order against solicitor arising from costs thrown away due to adjournment of hearing – whether solicitor afforded a fair hearing on issue of whether should pay the costs thrown away – where reasons for adjournment known only by Federal Magistrate and not disclosed until publication of reasons – whether rehearing in Federal Magistrates Court necessary
Evidence Act 1995 (Cth) s 16 Federal Court of Australia Act 1976 (Cth) s 28 Federal Magistrates Act 1999 (Cth) s 79 Federal Magistrates Court Rules r 9 and r 21 BARRIE GOLDSMITH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NSD 638 OF 2006
BRANSON, FINN AND BENNETT JJ
28 AUGUST 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 638 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BARRIE GOLDSMITH
Appellant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
Respondent
JUDGES: BRANSON, FINN AND BENNETT JJ
DATE OF ORDER: 28 AUGUST 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. Orders (1) and (2) made by the Federal Magistrates Court on 15 March 2006 be set aside except to the extent that order (2) requires the appellant to pay the costs of SZEKQ of the costs hearing. 3. The matter be remitted to the Federal Magistrates Court for further hearing and determination. 4. The respondent pay the appellant's costs of the appeal. 5. The application for costs made by counsel for SZEKQ be dismissed. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 638 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BARRIE GOLDSMITH
Appellant
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