FEDERAL COURT OF AUSTRALIA
Applicant ABCD v Refugee Review Tribunal [2006] FCA 1127
APPLICANT ABCD OF 2005 v REFUGEE REVIEW TRIBUNAL
NSD 580 OF 2005
ALLSOP J
29 AUGUST 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 580 OF 2005 |
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BETWEEN: |
APPLICANT ABCD OF 2005 Applicant
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AND: |
REFUGEE REVIEW TRIBUNAL Respondent
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ALLSOP J |
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DATE OF ORDER: |
29 AUGUST 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The applicant pay the respondent’s costs of the proceedings.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 580 OF 2005 |
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BETWEEN: |
APPLICANT ABCD OF 2005 Applicant
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AND: |
REFUGEE REVIEW TRIBUNAL Respondent
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JUDGE: |
ALLSOP J |
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DATE: |
29 AUGUST 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 20 July 2006, I made an order dismissing the applicant’s application. At her request, I received submissions on costs. The parties agreed that I should deal with this issue on the papers.
2 The essence of the applicant’s submission on costs is that she was attempting to vindicate an important question of public interest, an importance related to the operation of the principles of procedural fairness. She also stressed the novelty of the issues involved.
3 Notwithstanding the submissions of the applicant, I am not persuaded that there is any reasons why the usual rule as to costs should not apply. I do not consider that the issues were such as to lead to a conclusion that the respondent should be deprived of its costs. It is not a matter (as the applicant’s submission put it) of penalising the applicant. I am simply unpersuaded that there is any legitimate basis for depriving the respondent of the award of costs to which prima facie it is entitled.
4 I order the applicant pay the respondents costs of the proceedings.
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I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop. |
Associate:
Dated: 29 August 2006
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Applicant appeared in person. |
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Counsel for the Respondent: |
Ms D Watson |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
8 August 2006 |
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Date of Judgment: |
29 August 2006 |
