Minister for Immigration & Multicultural & Indigenous Affairs v VBAO of 2002 [2004] FCA 1581

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v VBAO of 2002 [2004] FCA 1581 PRACTICE AND PROCEDURE – costs – whether rule that costs follow the event displaced by special circumstances – appeal raised important and novel question of construction – no costs order made Ruddock v Vadarlis (2001) 115 FCR 229, [2001] FCA 1865, applied MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v VBAO OF 2002 V 680 OF 2004 MARSHALL J 3 DECEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 680 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: VBAO OF 2002

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 3 DECEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. There be no order for costs in respect of the judgment of the Federal Magistrates Court of 14 May 2004.

2. There be no order for costs in the appeal.

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 680 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: VBAO OF 2002

RESPONDENT

JUDGE: MARSHALL J

DATE: 3 DECEMBER 2004

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 On 19 November 2004 in Minister for Immigration & Multicultural & Indigenous Affairs v VBAO of 2002 [2004] FCA 1495 ("the substantive judgment"), the Court ordered that: 1. The appeal be allowed.

2. The orders of the Federal Magistrates Court of 14 May 2004 be set aside.