NSW Caselaw
New South Wales Supreme Court
CITATION : McMILLAN & ANOR v DIRECTOR-GENERAL OF COMMUNITIES NSW [2009] NSWSC 1440
HEARING DATE(S) : 15 and 16 October 2009
JUDGMENT DATE : 18 December 2009
JURISDICTION : Administrative Law
JUDGMENT OF : Hall J at 1
(1) Order 4 made by the Court (Harrison J) on 10 August 2009, as varied by order 1 made on 13 August 2009, be vacated. DECISION : (2) The summons filed on 10 August 2009 is dismissed. (3) The plaintiffs are to pay the defendant's costs of the proceedings on the ordinary basis.
CATCHWORDS : PROCEDURE - whether declaration should be granted - where the making of a declaration would have no utility - costs - where plaintiffs succeeded on one issue - whether the defendant had surrendered - general rule - costs follow the event
Broadcasting Services Act 1992 (Cth) LEGISLATION CITED : Liquor Act 2007 Migration Act 1958 (Cth)
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Elite Protective Personnel Pty Limited v Salmon (No 2) [2007] NSWCA 373 McMillan v Director General of Communities NSW [2009] NSWSC 1236 CASES CITED : One.Tel Limited v Commissioner of Taxation (2000) 101 FCR 548 Oshlack v Richmond River Council (1998) 193 CLR 72 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Re Refugee Review Tribunal; Ex parte Aala (2000 204 CLR 82
PARTIES : Nathan McMILLAN & ANOR v DIERCTOR-GENERAL OF COMMUNITIES NSW
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