FEDERAL COURT OF AUSTRALIA

 

SZBRB v Minister for Immigration & Multicultural &
Indigenous Affairs [2004] FCA 529


SZBRB v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS


N 368 of 2004

 

LINDGREN J

21 APRIL 2004

SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 368 OF 2004

 

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

 

BETWEEN:

SZBRB

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

JUDGE:

LINDGREN

DATE OF ORDER:

21 APRIL 2004

WHERE MADE:

SYDNEY

 

 

THE COURT ORDERS THAT:

 

1.         The appeal be dismissed.

2.         The appellant pay the respondent’s costs.

3.         The amount of the costs referred to in order 2 be fixed at $650.


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



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 368 OF 2004

 

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

 

BETWEEN:

SZBRB

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

JUDGE:

LINDGREN

DATE:

21 APRIL 2004

PLACE:

SYDNEY


REASONS FOR JUDGMENT

1                     The parties agree that this appeal from the Federal Magistrates Court of Australia be dismissed.  They disagree over costs.  The appellant says she cannot pay.  That is not a reason for not making an order, although it may be a reason why the respondent will not seek to enforce it.

2                     I have been asked to fix the amount of the costs and am told that on a solicitor client basis that amount is some $1,000.  I will fix costs at $650.


I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.


Associate:


Dated:              3 May 2004


The Appellant appeared in person.




Solicitor for the Respondent:

Ms Zarucki of Clayton Utz



Date of Hearing:

21 April 2004



Date of Judgment:

21 April 2004