NAQG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1044

FEDERAL COURT OF AUSTRALIA

NAQG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1044

COSTS – application for costs against unpaid representative of the applicant – application in primary proceedings dismissed – whether the Court should exercise discretion to award costs against a non‑party – Court's power to award costs against a non‑party even where non‑party derives no financial benefit from the litigation – whether abuse of process if primary application lodged to delay removal from Australia – whether non‑party understood the power of the Court to make a costs order against him – whether non‑party understood that conduct was inappropriate

Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 78B Federal Court Rules O 35 r 7(1)

NAQG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1016 referred to Minister for Immigration & Multicultural Affairs v Shen [2002] FCA 899 referred to Knight v FP Special Assets Ltd (1992) 174 CLR 178 cited Yates v Boland [2000] FCA 1895 (FC) cited Myers v Elman [1940] AC 282 cited IN THE MATTER OF AN APPLICATION FOR AN ORDER THAT COSTS BE PAID BY GEORGE FONUA

NAQG OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 790 OF 2002 BRANSON J 23 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 790 OF 2002

IN THE MATTER OF AN APPLICATION FOR AN ORDER THAT COSTS BE PAID BY GEORGE FONUA

BETWEEN: NAQG OF 2002

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 23 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT the application for an order that George Fonua pay the costs of the respondent be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA