Chan, M.L. v. Minister for Immigration & Ethnic Affairs [1988] FCA 112

JUDGMENT No. JIZ.7SCr3 .

GENERAL DISTRIBUTION NOT REQUIRED

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 57 of 1987

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GENERAL DIVISION

BETWEEN:

MUI LIE CHAN

Applicant AND: i_' MINISTER FOR / HMIGRATION AND ETHNIC AFFALRS Respondent 4 MARCH, 1988 KEELY J.

REASONS FOR JUDGMENT (RE COSTS)

(DELIVERED EX TEMPORE — REVISED FROM TRANSCRIPT)

Costs are never any easy matter to decide on those occasions when they do not follow the event in accordance with the normal principle; the court can really only do the best it can to achieve justice in the case. Mr. Cavanough, on behalf of the applicant, has referred to the fact of the earlier hearing before Jenkinson J., which, on any view, was a necessary hearing; so that, if the court were to determine the question of costs by looking in great detail at the

amount of time spent on various aspects, the whole of the

Prerpos Regge

costs of that hearing would have to be paid by the respondent

to the applicant.

As to the hearing before me, it is true that a substantial part of the argument did deal with other issues on which the applicant has not been successful; however, it is said against that, with some force, that Mr. Cavanough's client was put in the position of having to take "the

proceedings and having to challenge the order.

Allied to that is the fact that the underlying reason why the applicant was forced to take the proceedings and, indeed, the reason why she has been successful is the very matter upon which there was considerable debate before me when counsel appeared for the respondent minister. That matter, which is dealt with in the reasons for judgment, arose out of the misleading statement made to the applicant on behalf of the respondent that she was required to make an election between two courses of action; as to that statement it was very properly conceded by counsel for the respondent, at the hearing before me, that it was a statement which was