FEDERAL COURT OF AUSTRALIA
CWW17 v Minister for Home Affairs (No 2) [2019] FCA 361
Appeal from: | |
File number: | NSD 1520 of 2018 |
Judge: | ALLSOP CJ |
Date of judgment: | |
Catchwords: | |
Legislation: | |
Cases cited: | |
Determined on the papers | |
Registry: | New South Wales |
Division: | General Division |
National Practice Area: | Administrative and Constitutional Law and Human Rights |
Category: | Catchwords |
Number of paragraphs: | |
Solicitor for the Respondent: | L Leerdam of DLA Piper |
ORDERS
| |||||||||
THE COURT ORDERS THAT:
1. Pursuant to r 39.05(h) of the Federal Court Rules 2011 (Cth) (the “slip rule”), the words “with costs” be inserted into Order 2 of the orders of the Court made on 28 February 2019 following the word “dismissed”.
2. A corresponding change be made to the statement of those orders in CWW17 v Minister for Home Affairs [2019] FCA 264 at [24].
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ALLSOP CJ:
1 This matter was a purported appeal from orders made by a judge of the Federal Circuit Court of Australia on 1 August 2018, dismissing an application to set aside orders made by the same judge on 26 April 2018.
2 The matter was set down for hearing on 28 February 2019. On that day, I dismissed the purported appeal by way of extempore judgment. The revised judgment that was subsequently published (CWW17 v Minister for Home Affairs [2019] FCA 264) included the following orders:
1. The notice of appeal filed be treated as an application for an extension of time in which to file and serve an application for leave to appeal; and
2. Said application be dismissed pursuant to r 35.33 of the Federal Court Rules 2011 (Cth) for want of appearance by the applicant.
3 At the hearing, the respondent made an application for a lump sum order of costs, which I declined: see CWW17 v Minister for Home Affairs [2019] FCA 264 at [25]. In lieu thereof, I intended to make a general order for costs. However, the orders that were formally made, and included in the judgment, omitted that costs order. That was done in error.
4 Pursuant to r 39.05(h) of the Federal Court Rules 2011 (Cth) (the “slip rule”), the Court may vary a judgment or order after it has been entered in circumstances where there is an error arising therein from an accidental slip or omission. The non-inclusion of the general costs order was such an accidental omission.
5 Accordingly, I order that, pursuant to the slip rule, the words “with costs” be inserted into Order 2 of the orders of the Court made on 28 February 2019 following the word “dismissed”, and that a corresponding change be made to the statement of those orders in CWW17 v Minister for Home Affairs [2019] FCA 264 at [24].
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop. |
