FEDERAL COURT OF AUSTRALIA

Ogawa v Secretary, Department of Education, Science & Training

[2005] FCA 1513

MEGUMI OGAWA v SECRETARY OF THE DEPARTMENT OF EDUCATION, SCIENCE AND TRAINING AND MINISTER FOR EDUCATION, SCIENCE AND TRAINING

QUD 161 OF 2005

DOWSETT J

21 OCTOBER 2005

BRISBANE

THE COURT ORDERS THAT:

1.         The application filed on 4 October 2005 be dismissed;

2.         The motions identified in the two notices of motion filed on 21 September 2005 be dismissed; and

3.         The applicant pay the respondent’s costs of the proceedings, including the motions and including reserved costs.

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

REASONS FOR JUDGMENT

1                     When I prepared my reasons in this matter, I disposed of the question of costs upon the basis that they would follow the event.  However it subsequently occurred to me that as Ms Ogawa was unrepresented, it would be appropriate specifically to invite her to make submissions on costs.  I have done so.  She has submitted that the nature of the proceedings, and, in particular, her perception that they are of significant public interest are reasons for not awarding costs against her.  I do not accept those views.  To my mind, there is no public interest in this matter.  It is based upon Ms Ogawa’s misconceptions.  In those circumstances, the applicant should pay the respondent’s costs of the application and of the motions. 

2                     The orders will therefore be that:

·                 that the application filed on 4 October 2005 be dismissed;

·                 the motions identified in the two notices of motion filed on 21 September 2005 be dismissed; and

·                 the applicant pay the respondent’s costs of the proceedings, including the motions and including reserved costs.

Associate:

Dated:              26 October 2005