Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
El-Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 474 Citation: El-Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 474
Parties: ABDUL AZIZ EL-DEBEL v SECRETARY, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION and COMMONWEALTH OF AUSTRALIA
File number: ACD 136 of 2013
Judge: FOSTER J
Date of judgment: 13 May 2014
Catchwords: COSTS – whether the Court should make any order for costs in circumstances where an applicant seeks leave to discontinue the whole of his proceeding for the reason that, as a result of the conduct of the parties, the claimed relief is no longer needed and, if so, what is the appropriate order
Legislation: Fair Work Act 2009 (Cth), s 340(1)(a)(iii), s 570 Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011, r 26.12(2)
Cases cited: Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd (2010) 265 ALR 112
Date of hearing: 3 April 2014
Place: Sydney (via video link to Canberra) (heard in Canberra)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: Mr J Macken
Solicitor for the Applicant: Bradley Allen Love
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