Tran v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2006] FCA 199

FEDERAL COURT OF AUSTRALIA

Tran v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2006] FCA 199

COSTS – wasted – liability of applicant's solicitor – advancing case and raising constitutional challenge known, or ought reasonably to be known, not to be seriously arguable – conduct unreasonable – additional costs incurred – O 62 r 9(1)(c) of Federal Court Rules – s 43 of Federal Court Act 1976 (Cth)

Federal Court Act 1976 (Cth) s 43 Federal Court Rules O 62 r 9(1)(c)

Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 77 referred to Levick v Commissioner of Taxation (2000) 102 FCR 155 considered De Sousa v Minister for Immigration, Local Government and Ethnic Affairs (1993) 41 FCR 544 referred to White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169 referred to Re Bendeich (No 2) (1994) 53 FCR 422 referred to Kumar v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 133 FCR 582 considered Ridehalgh v Horsefield [1994] Ch 205 referred to Steindl Nominees Pty Ltd v Laghaifar [2003] 2 Qd R 683 referred to Bagshaw v Scott [2005] FCA 104 referred to

THI DONG THAO TRAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL

VID 1229 OF 2005 WEINBERG J 10 MARCH 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1229 OF 2005

BETWEEN: THI DONG THAO TRAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 10 MARCH 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Pursuant to O 62 r 9(1)(c) of the Federal Court Rules, the applicant's solicitor repay to the applicant the sum of $1000 towards the costs which the applicant was ordered on 10 February 2006 to pay to the respondents. 2. Order 1 be fulfilled by the applicant's solicitor paying the sum of $1000 directly to the respondents on or before 9 May 2006. 3. The sum of $1000, when paid, be credited to the applicant by the respondents, and deducted from any costs that the applicant might otherwise be required to pay. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.