Yusuf v Minister for Immigration & Multicultural Affairs [2002] FCA 1582

FEDERAL COURT OF AUSTRALIA

Yusuf v Minister for Immigration & Multicultural Affairs [2002] FCA 1582

COSTS – whether applicant should pay respondent's costs where applicant has been wholly unsuccessful on application – ordinarily costs are to compensate a successful party for the expense of being involved in litigation - general rule is that costs follow the event and a successful litigant will receive costs in the absence of circumstances justifying some other order – whether conduct of officers of the respondent before trial is capable of disentitling a successful party from the usual order - actual conduct of litigant must be considered – whether in the particular circumstances of this case the interests of justice permit, or require, that there be no order as to costs

Federal Court of Australia Act 1976 (Cth), s 43 Migration Act 1958 (Cth), s 192 Trade Practices Commission v Nicholas Enterprises Pty Ltd & Ors (1979) ATPR 40-141; 28 ALR 201, referred to Cretazzo v Lombardi (1975) 13 SASR 4, referred to Donald Campbell & Co v Pollak (1927) AC 732, referred to Cilli v Abbott (1981) 53 FLR 108, referred to Latoudis v Casey (1990) 170 CLR 534, cited Ritter v Godfrey [1920] 2 KB 47, cited OLUWATOYIN OLUWASANMI YUSUF v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No Q 152 of 2001 SPENDER J BRISBANE 20 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 152 OF 2001

BETWEEN: OLUWATOYIN OLUWASANMI YUSUF

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: There be no order as to the costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.