FEDERAL COURT OF AUSTRALIA

 

Rajenthiram v Minister for Immigration & Multicultural Affairs

[1999] FCA 1119

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUJANTHAN RAJENTHIRAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 395 OF 1999

 

EINFELD, WHITLAM and KATZ JJ

SYDNEY

10 AUGUST 1999

 


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 395 OF 1999

 

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

 

BETWEEN:

SUJANTHAN RAJENTHIRAM

Appellant

 

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

Respondent

 

 

JUDGES:

EINFELD, WHITLAM and KATZ JJ

DATE:

10 AUGUST 1999

PLACE:

SYDNEY

 

REASONS FOR JUDGMENT – CORRIGENDA

1.      Page 2, before para 7

Insert:

[AFTER DISCUSSION FOLLOWING DELIVERY OF THE OTHER JUDGMENTS IN THE APPEAL]

 

2.      Page 2, new para 7

Insert as new paragraph 7:

The attitude I have always taken is that if there is some arguable merit in the application and the applicant has no money to meet a costs order, costs ought not to be granted for the reason that he would be prevented from making any fresh application while the debt for costs was outstanding.  However, in a case where there is no identifiable merit in the proceeding in this court, costs should be granted.  In the circumstances we will grant costs on this occasion.  In this particular case the appeal will be dismissed with costs.

 

3.      Page 2, para 8

Original paragraph 7 is now paragraph 8.

 

Associate:

 

Dated:              3 September 1999