FEDERAL COURT OF AUSTRALIA

Gomez v Minister for Immigration and Multicultural Affairs [2001] FCA 935

Adrian Gomez v Minister for Immigration and Multicultural Affairs

V782 of 2000

ALLSOP J

SYDNEY

17 JULY 2001

THE COURT ORDERS (IN ADDITION TO ORDER 1 OF 13 JULY 2001) THAT:

1.             The applicant pay the respondent’s costs as agreed or, in default of agreement, as taxed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

SUPPLEMENTARY REASONS FOR JUDGMENT

1                     In this matter on Friday, 13 July I delivered an extempore judgement dismissing the application. I stood over the question of costs to this afternoon by video link or telephone hearing to allow the applicants to put such matters as they could to the respondent in order for them, if they could, to reach an agreement with the Minister about a regime of payment satisfactory to both parties. In the absence of agreement, I requested that any further material be forwarded to me by the applicant so that I might finally dispose of the matter if possible this afternoon. No further material in writing has been submitted by the applicants. The husband applicant has made some brief submissions today and I have heard Mr Knowles on behalf of Minister.

2                     The long and the short of the costs question is that there has been put before me no particular matter which would found any course of action by me on a principled basis to deny the respondent the costs to which he is entitled.

3                     The balance of the orders which I make in this matter are that the applicant pay the respondent’s costs as agreed or, in default of agreement, as taxed. That order disposes of the matter finally.

4                     I direct the respondent to file in Court by facsimile to my associate in Sydney final orders in draft form within 7 days for the purpose of those orders being taken out. I will then make final orders for the purpose of entering.

Associate:

Dated: 26 July 2001