Susaki v Minister for Immigration & Multicultural Affairs [2002] FCA 1007

FEDERAL COURT OF AUSTRALIA

Susaki v Minister for Immigration & Multicultural Affairs [2002] FCA 1007 COSTS – power to order costs under s 43 of the Federal Court of Australia Act 1976 (Cth) – whether costs should be awarded when matter is resolved out of court – whether merits of each parties' respective case is relevant when determining costs - where parties cannot agree on orders as to costs – where applicant successful in achieving broad outcomes but not necessarily application before Court.

Migration Act 1958 (Cth)s 373 Administrative Appeals Tribunal Act 1975 (Cth) s 60 Susaki v Minister for Immigration & Multicultural Affairs [1999] FCA 196 cited Tvarkovski v Minister for Immigration and Multicultural Affairs [2001] FCA 375 discussed Aussie Red Equipment Pty Ltd v Antsent Pty Ltd [2001] FCA 1641 followed Re Minister for Immigration and Ethnic Affairs and Anor; ex parte Lai Quin (1997) 186 CLR 622 referred to McKensey v Hewitt [1999] NSWSC 685 referred to We Two Pty Ltd v Shorrock [2002] FCA 875 referred to Sirros v Moore [1974] 3 All ER 776 cited Yeldham v Rajski (1989) 18 NSWLR 48 cited Wentworth v Wentworth (1999) 46 NSWLR 300 cited Carlos v Minister for Immigration and Multicultural Affairs (2001) 183 ALR 719 cited YOKO SUSAKI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR N 872 OF 1998 MOORE J 13 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N872 OF 1998

BETWEEN: YOKO SUSAKI

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 13 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion of 26 March 2001 be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.