Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BMV15 v Minister for Home Affairs [2018] FCA 1948 Appeal from: Application for extension of time: BMV15 v Minister for Immigration & Anor [2018] FCCA 377
File number: VID 378 of 2018
Judge: MOSHINSKY J
Date of judgment: 5 December 2018
Legislation: Migration Act 1958 (Cth), ss 5, 36, 91R
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 SZTAL v Minister for Immigration and Border Protection (2017) 347 ALR 405
Date of hearing: 15 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: No Catchwords
Number of paragraphs: 40
Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter
Solicitor for the First Respondent: Mr C van der Westhuizen of DLA Piper Australia
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS VID 378 of 2018
BETWEEN: BMV15 Applicant
AND: MINISTER FOR HOME AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 5 DECEMBER 2018
THE COURT ORDERS THAT:
1. The application for an extension of time to appeal be dismissed. 2. The applicant pay the first respondent's costs, to be fixed by way of a lump sum.
THE COURT DIRECTS THAT:
3. Within 14 days, the parties file any agreed proposed minute of orders fixing a lump sum in relation to the first respondent's costs. 4. In the absence of any agreement pursuant to paragraph 3 of these orders, within 21 days the first respondent file and serve an affidavit constituting a Costs Summary in accordance with paragraphs 4.10 to 4.12 of the Court's Costs Practice Note (GPN-COSTS). 5. Within a further 14 days, the applicant file and serve any Costs Response in accordance with paragraphs 4.13 to 4.14 of the Costs Practice Note (GPN-COSTS). 6. In the absence of any agreement having been reached within a further 14 days, the matter of an appropriate lump sum figure for the first respondent's costs be referred to a Registrar for determination. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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