Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pull v Minister for Immigration & Citizenship [2009] FCA 747
COSTS – where non-discontinuing party changes position rendering a significant component of the proceedings redundant and the other significant component practically futile – whether the discontinuing party should have his costs of the application. HELD: applicant awarded costs in NSD 17/2009 but each party must pay their own costs in SAD 52/2009. Federal Court of Australia Act 1976 (Cth) ss 20(1A), 43(2) Judiciary Act 1903 (Cth)s 39B Migration Act 1958 (Cth) ss 13, 29, 195A, 477, 501(2) Migration Legislation Amendment Act (No. 1) 2008 (Cth) Sch 4, Item 7 Migration Reform (Transitional Provisions) Regulations 1994 (Cth) reg 9 Federal Court Rules 1976 (Cth)O 22 r 2(1)(d), O 80 r 4(1)
Griffith University v Tang (2005) 221 CLR 99 referred to Inground Constructions Pty Ltd v Federal Commissioner of Taxation (1994) 27 ATR 513 referred to Malloch v Aberdeen Corporation [1971] 1 WLR 1578referred to Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 considered O'Neill v Mann [2000] FCA 1680 referred to Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 referred to Sales v Minister for Immigration and Citizenship (2008) 171 FCR 56referred to Smith v Airservices Australia (2005) 222 ALR 464 referred to Sullivan v Secretary, Department of Defence [2005] FCA 786referred to SZBYR v Minister for Immigration & Citizenship (2007) 235 ALR 609referred to
ALLAN PULL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and SECRETARY FOR IMMIGRATION AND CITIZENSHIP
NSD 17 of 2009
ALLAN PULL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
SAD 52 of 2009
EDMONDS J
15 JULY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 17 of 2009
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