NAES v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1221

FEDERAL COURT OF AUSTRALIA

NAES v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1221 COSTS – application seeking waiver of security to be lodged in support of objection to bill of costs – respondent filed bill of costs after applicant discontinued proceedings – applicant seeks to challenge estimate of taxation made by Registrar – claim by applicant that he did not receive copy of bill of costs from respondent – objections to bill of costs not specified – whether court should waive requirement to pay security Federal Court Rules O 62 r 46 Fuller v Minister for Primary Industries and Energy and Anor (unreported, Federal Court of Australia, French J, 15 April 1998) referred to Dudzinski v Kellow [2000]FCA 740 followed NAES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 228 OF 2002 TAMBERLIN J SYDNEY 2 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 228 OF 2002

BETWEEN: NAES

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 2 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant is to serve any draft Notice of Objection to the bill of costs he may wish to make and any evidence on which he relies in relation to waiver of security within fourteen days. 2. The respondent is to file and serve any evidence on which he proposes to rely by 23 October 2002. 3. The matter is stood over for hearing on 25 October 2002 at 9.30 am. 4. Costs are reserved. 5. Liberty to apply on one day's notice.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 228 OF 2002