FEDERAL COURT OF AUSTRALIA

 

CZAW v Minister for Immigration & Citizenship (No 2) [2010] FCA 893


Citation:

CZAW v Minister for Immigration & Citizenship (No 2) [2010] FCA 893



Appeal from:

Federal Magistrates Court of Australia (orders dated 11 May 2010)



Parties:

CZAW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL



File number:

ACD 21 of 2010



Judge:

BUCHANAN J



Date of judgment:

17 August 2010



Date of hearing:

17 August 2010

 

 

Place:

Canberra

 

 

Division:

GENERAL DIVISION

 

 

Category:

No catchwords

 

 

Number of paragraphs:

1

 

 

Counsel for the Appellant:

The Appellant appeared in person

 

 

Solicitor for the First Respondent:

Clayton Utz








IN THE FEDERAL COURT OF AUSTRALIA

 

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

 

GENERAL DIVISION

ACD 21 of 2010

 

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

 

BETWEEN:

CZAW

Appellant

 

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

 

REFUGEE REVIEW TRIBUNAL

Second Respondent

 

 

JUDGE:

BUCHANAN J

DATE OF ORDER:

17 AUGUST 2010

WHERE MADE:

CANBERRA

 

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.
The text of entered orders can be located using Federal Law Search on the Court’s website.






IN THE FEDERAL COURT OF AUSTRALIA

 

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

 

GENERAL DIVISION

ACD 21 of 2010

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

 

BETWEEN:

CZAW

Appellant

 

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

 

REFUGEE REVIEW TRIBUNAL

Second Respondent

 

 

JUDGE:

BUCHANAN J

DATE:

17 AUGUST 2010

PLACE:

CANBERRA


REASONS FOR JUDGMENT

BUCHANAN J:

1.         Immediately upon delivering a judgment in this matter, an application was made on behalf of the first respondent for an order for costs against the appellant.  In the principal judgment, I identified what I thought was likely to have been the reason why the proceedings took the course which they have.  I do not think that those matters are matters which may fairly be laid at the door of the appellant.  In my view, this is one of those unusual cases where, despite the ordinary rule, an order for costs ought not be made.  The order will be that there be no order as to costs. 

 

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Buchanan.



Associate:


Dated:         18 August 2010