Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJDI v Minister for Immigration & Citizenship (No. 2) [2008] FCA 813
MIGRATION –consideration of an application for an order that costs of the appeal be fixed in an amount
SZJDI v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD2547 OF 2007
GREENWOOD J
16 MAY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD2547 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJDI
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 16 MAY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The costs of the first respondent the subject of Order 2 of the Orders made on 16 May 2008 of and incidental to the appeal be fixed in the sum of $2,700.00. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD2547 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJDI
Appellant
AND: MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GREENWOOD J
DATE: 16 MAY 2008
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT 1 This afternoon judgment has been published in SZJDI v Minister for Immigration & Citizenship [2008] FCA 685. Order 2 of the Orders made today is an order that the appellant shall pay the costs of the first respondent of and incidental to the appeal. I have before me an application by the first respondent for an order that the costs the subject of Order 2 be fixed in an amount of $2,700.00. The application is supported by an affidavit of Mr Peter Snell a solicitor employed by Sparke Helmore Lawyers, the solicitors for the first respondent. The affidavit deposes to the sequence of steps involved in preparing and responding to the appeal. The affidavit of Mr Snell identifies an estimate of the party and party costs the first respondent would be entitled to recover on taxation in accordance with 'Schedule 2 – scale of costs for work done and services performed' in accordance with the Federal Court Rules. Having regard to Mr Snell's affidavit, I am satisfied that an amount of $2,700.00 properly represents a discounted amount of the party and party costs the first respondent might otherwise be entitled to recover upon taxation. Accordingly, I make a further order that the costs of the first respondent the subject of Order 2 made today described above be fixed in the amount of $2,700.00. I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.
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