Potier v Minister for Immigration & Multicultural Affairs [2004] FCA 520

FEDERAL COURT OF AUSTRALIA

Potier v Minister for Immigration & Multicultural Affairs [2004] FCA 520 PROCEDURE – costs – O 62 r 46 of the Federal Court Rules – estimated total for which certificate of taxation would likely issue if bill of costs taxed – attempt to file notice of objection to estimate without payment of security for costs of taxation – whether discretion to waive payment should be exercised – relevance of impecuniosity to exercise of discretion Federal Court Rules O 1 r 8, O 6 r 9, O 62 rr 46(3)(a), 46(3)(d) Federal Court of Australia Act 1976 (Cth) s 35A(1)(g) Dudzinski v Kellow [2000] FCA 740 followed MALCOLM HUNTLEY POTIER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 266 OF 2000 MALCOLM HUNTLEY POTIER v REFUGEE REVIEW TRIBUNAL AND ANOR N421 OF 2000 MALCOLM HUNTLEY POTIER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N619 OF 2000 MALCOLM HUNTLEY POTIER v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1357 OF 2000 MALCOLM HUNTLEY POTIER AND ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N243 OF 2001 STONE J 4 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N266 OF 2000

N421 OF 2000

N619 OF 2000

N1357 OF 2000

N243 OF 2001

BETWEEN: MALCOLM HUNTLEY POTIER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 4 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The relief sought in the notice of motion filed on 12 March 2004 be refused. 2. The applicant pay the respondent's costs on the motion, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.