Tran v The Commonwealth [2009] FCA 921

FEDERAL COURT OF AUSTRALIA

Tran v The Commonwealth [2009] FCA 921

COSTS – application for security for costs – principles to be applied in exercise of discretion as to whether to grant an order for security for costs – difference in principle in relation to ordering of security for costs in a first instance matter and at an appellate level – where an order for security for costs would stultify the appeal – whether the public interest associated with the appeal outweighs the appellant's impecuniosity so not to warrant an order for security for costs in the respondent's favour. Held: respondent's notice of motion seeking security for costs dismissed. Customs Act 1901 (Cth) Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Court Rules The Constitution The Criminal Code Cowell v Taylor(1885) 31 Ch D 34 Devenish v Jewel Food Stores Pty Ltd (1990) 94 ALR 664 Merribee Pastoral Industries Pty Limited v Australia and New Zealand Banking Group Limited (1998) 193 CLR 502; [1998] HCA 41 Tait v Bindal People [2002] FCA 322 Tran v The Commonwealth (2008) 103 ALD 290; [2008] FCA 901 Tran v The Commonwealth (2009) 108 ALD 531; [2009] FCA 474 Webster v Lampard (1993) 112 ALR 174 VAN TOL TRAN v THE COMMONWEALTH

NSD 537 of 2009

JAGOT J

14 AUGUST 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General Division NSD 537 of 2009

BETWEEN: VAN TOL TRAN

Appellant

AND: THE COMMONWEALTH

Respondent

JUDGE: JAGOT J

DATE OF ORDER: 14 AUGUST 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The notice of motion filed 8 July 2009 be dismissed. 2. The respondent pay the appellant's costs of the notice of motion, as agreed or taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.