Kumar v Minister for Immigration & Multicultural & Indigenous Affairs (No.2) [2004] FCA 18

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration & Multicultural & Indigenous Affairs (No.2) [2004] FCA 18 COSTS – whether costs should be awarded against solicitor for unsuccessful applicant in favour of respondent – solicitor instituted and maintained on instructions proceedings which had little or no prospect of success – whether institution and maintenance on instructions of proceedings with no prospects of success warrants order for costs against solicitor LEGAL PRACTITIONERS – costs - whether costs should be awarded against solicitor for unsuccessful applicant in favour of respondent – solicitor instituted and maintained on instructions proceedings which had little or no prospect of success – whether institution and maintenance on instructions of proceedings with no prospects of success warrants order for costs against solicitor

Migration Act 1958 (Cth) s 477 Judiciary Act 1903 (Cth) s 39B Caritativo v Minister for Immigration & Multicultural Affairs (No.2) [2002] FCA 735 noted Caboolture Park Shopping Centre Pty Ltd (in liquidation) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 cited De Sousa and Anor v Minister for Immigration, Local Government and Ethnic Affairs (1993) 41 FCR 544 considered Deputy Commissioner of Taxation v Levick [1999] FCA 1580; (1999) 168 ALR 383 followed Levick v Commissioner of Taxation [2000] FCA 674; (2000) 102 FCR 155 Re Bendeich (No.2) (1994) 53 FCR 422 cited NAEB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 945 noted White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 followed Ridehalgh v Horsefield [1994] Ch 205 followed Rondel v Worsley [1969] 1 AC 191 cited Steindl Nominees Pty Ltd v Laghaifar [2003] QCA 157 not followed Giannarelli v Wraith (1988) 165 CLR 543 cited Medcalf v Mardell [2003] 1 AC 120 cited Cachia v Hanes (1993) CLR 403 cited