Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Shen [2002] FCA 899
costs – application for costs against migration agent – applicant in primary proceedings unsuccessful – application for review in this Court filed by migration agent – application of no merit – power of Court to award costs against a non-party – discretionary issues – indemnity costs.
Federal Court of Australia Act 1976 (Cth), s 43 Migration Act 1958 (Cth), ss 276, 280(1), 314 Migration Agents Regulations 1988 (Cth), Schedule 2 Legal Profession Act 1987 (NSW), ss 43E, 48E, 48B Judiciary Act 1903 (Cth), s 79
He v Minister for Immigration & Multicultural Affairs [2001] FCA 1167, referred to H v Minister for Immigration & Multicultural Affairs [2002] FCAFC 18, referred to Knight v F P Special Assets Ltd (1992) 174 CLR 178, applied Re Sanchez; Ex parte Smits (1994) 49 FCR 326, cited Yates v Boland & Ors [2000] FCA 1895, referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, referred to White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169, applied Orchard v South Eastern Electricity Board [1987] QB 565, referred to Re Wilcox; Ex parte Venture Industries Pty Ltd (No. 2) (1996) 72 FCR 151, applied Yates Property Corp Pty Ltd v Boland [1997] FCA 760, referred to Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225, cited Myers v Elman [1940] AC 282, referred to MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v HAO RAN SHEN & ANOR N389 of 2001 MADGWICK J 19 JULY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N389 of 2001
BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
APPLICANT
AND: HAO RAN SHEN
FIRST RESPONDENT
GLOBAL TIME GROUP PTY LTD
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