M238/2002 v The Honourable Philip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1119

FEDERAL COURT OF AUSTRALIA

M238/2002 v The Honourable Philip Ruddock, Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1119

COSTS – principles relevant to an award of costs – whether the court should depart from the usual rule that costs follow the event

Federal Court of Australia Act 1976 (Cth), s 43

Cabal v United Mexican States (No 6) (2000) 174 ALR 747 distinguished Ruddock v Vardalis (No 2) (2001) 115 FCR 229 applied Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 referred to Minister for Immigration and Multicultural Affairs v W157/00A (2002) 72 ALD 49 referred to Ayan v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 196 ALR 332 referred to Dagli v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCA 497 considered M238/2002 v THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 217 of 2003

KENNY J 14 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 217 OF 2003

BETWEEN: M238/2002

Applicant

AND: THE HONOURABLE PHILIP RUDDOCK, MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: KENNY J

DATE OF ORDER: 14 OCTOBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. There be no order as to costs incurred in the proceeding prior to 7 June 2003. 2. The applicant pay the respondent's costs of the proceeding incurred on and after 7 June 2003, including any costs reserved after this date. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 217 OF 2003

BETWEEN: M238/2002

Applicant