Ozberk, Kemal & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1692

FEDERAL COURT OF AUSTRALIA COSTS – Costs awarded against the unsuccessful party, excluding interlocutory appeal.

KEMAL OZBERK, BILGIYE OZBERK, PINAR OZBERK & PERVIN OZBERK –v– THE MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS VG 36 of 1997 MARSHALL J MELBOURNE 22 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 36 of 1997

BETWEEN: KEMAL OZBERK

First Applicant

BILGIYE OZBERK

Second Applicant

PINAR OZBERK

Third Applicant

PERVIN OZBERK

Fourth Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 22 december 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicants pay the respondent's costs of the application other than the costs of their appeal to the Full Court from the interlocutory judgment of 19 January 1998. 2. Each party bear her or his own costs of the appeal to the Full Court from the interlocutory judgment of 19 January 1998. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 36 of 1997

BETWEEN: KEMAL OZBERK

First Applicant

BILGIYE OZBERK

Second Applicant

PINAR OZBERK

Third Applicant

PERVIN OZBERK

Fourth Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MARSHALL J

DATE: 22 DECEMBER 1998

PLACE: MELBOURNE

REASONS FOR JUDGMENT On 15 December 1998 the Court ordered that the application be dismissed. It did not then deal with the question of costs but invited the parties to make submissions in writing on that issue. That course was adopted having regard to the reservation of costs by the Full Court, in its judgment of 13 July 1998, in the applicants' appeal from the Court's interlocutory judgment of 19 January 1998.