Minister for Immigration & Multicultural & Indigenous Affairs v Fonua [2004] FCA 148

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Fonua [2004] FCA 148 COSTS – application for a costs order against a non-party – non-party is neither a lawyer nor a migration agent, but advised and prepared documentation in support of a hopeless case – application in principal proceedings dismissed – whether the Court should exercise its discretion to award costs against a non-party – respondent previously warned – whether non-party understood that his conduct was inappropriate – abuse of process

NARP v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCA 847, referred Tavalu v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1027, referred NAQG v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1016, referred Kolotau v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1145, referred NAQG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1044, referred Applicant NAGM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 71 ALD 1, applied MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS v GEORGE FONUA N694 of 2003

MADGWICK J 5 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N694 of 2003

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

APPLICANT ON NOTICE OF MOTION

AND: GEORGE FONUA

RESPONDENT ON NOTICE OF MOTION

JUDGE: MADGWICK J

DATE OF ORDER: 5 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. George Fonua pay the respondent's costs of both the principal proceedings and of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.