Tang v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1494

FEDERAL COURT OF AUSTRALIA

Tang v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1494

PRACTICE & PROCEDURE – where application seeks damages said to be the consequence of criminal conduct of Commonwealth employees – whether a general criminal statute permits a private right of action – whether application should be struck out as abuse of process Judiciary Act 1903 (Cth) s 44 Crimes Act 1914 (Cth) s 72 Criminal Code Act 1995 s 142.2, s 155.4 Federal Court Rules O 11 r 16 and O 20 r 2 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 followed O'Connor v S.P. Bray Ltd (1937) 56 CLR 464 followed Australian Iron & Steel Ltd v Ryan (1957) 97 CLR 89 followed Schiliro v Peppercorn Child Care Centres Pty Ltd No. 2 [2001] 1 QdR 518 cited Scultz v Schmauser [2001] 1 QdR 540 cited YUNCHANG TANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND ETHNIC AFFAIRS No Q 27 of 2003 SPENDER J BRISBANE 16 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 27 OF 2003

BETWEEN: YUNCHANG TANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Proceedings Q27 of 2003 are dismissed. 2. The applicant in those proceedings is to pay the costs of the respondent of the notice of motion to strike out those proceedings and of the application, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 27 OF 2003

BETWEEN: YUNCHANG TANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS