FEDERAL COURT OF AUSTRALIA

Fernando v Minister for Immigration and Citizenship (No 7) [2008] FCA 1955

WANNAKUWATTEMITIWADUGE LLOYD NIRMALEEN FERNANDO v MINISTER FOR IMMIGRATION AND CITIZENSHIP

WAD 202 of 2007

SIOPIS J

19 DECEMBER 2008

PERTH

THE COURT ORDERS THAT:

1.                  There be no order as to costs.

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

1                     On 13 August 2008, I dismissed the application brought by the applicant, Mr Fernando, on 15 October 2007, which was before Mr John Robert Broderick Ley was appointed by the Court as Mr Fernando’s tutor for the conduct of this proceeding.  In that proceeding Mr Fernando claimed compensation for what he described as his unlawful detention in migration detention (Fernando v Minister for Immigration and Citizenship (No 4) (2008) FCA 1218).  I said that I would hear the parties as to costs.

2                     The respondent submitted the applicant should pay the respondent’s costs.  The respondent contended that this would have the effect of rendering Mr Ley personally liable for the costs of the applicant, subject to an indemnity in favour of Mr Ley from the applicant.  The respondent contended that there were no special circumstances in this case as would cause the Court, in the exercise of its discretion, to depart from the usual order that costs follow the event.

3                     I considered an argument to like effect in relation to proceeding WAD 103 of 2007 (Fernando v Minister for Immigration and Citizenship (No 6) [2008] FCA 1954).  The same reasons as applied in that case, apply in the circumstances of this case and I, accordingly,
order that there be no order as to costs.

Associate:

Dated:         19 December 2008