SZNRA v Minister for Immigration and Citizenship

REASONS FOR JUDGMENT 1 Yesterday afternoon I made an order dismissing the appeal and ordering the appellant to pay the first respondent's costs assessed in the sum of $1,480.00. My reasons for making those orders are as follows. 2 When this appeal was called on for hearing there was no appearance by the appellant. There was an appearance for the first respondent by Ms Griffin who is a solicitor employed by the Australian Government Solicitor. An interpreter was also present. 3 I had the matter called outside the Court. There was still no appearance. 4 I adjourned the hearing for a short time to enable enquiries to be made as to the whereabouts of the appellant. The first respondent's solicitor had a telephone number for the appellant and I was informed that, with the assistance of the interpreter, contact was made with the appellant using that telephone number. 5 When the hearing resumed I was informed that, in the course of the telephone conversation, the appellant informed the interpreter that she wished to withdraw her appeal. 6 The first respondent filed in Court an affidavit of Benjamin James May affirmed on 22 February 2010. Mr May deposed to the costs and disbursements incurred by the first respondent in relation to the appeal. The first respondent sought a fixed costs order of $1,480.00. I note that this sum is considerably less than the amount fixed by the relevant scale. Having regard to the contents of the affidavit, I was satisfied that the sum claimed was a reasonable amount for costs assessed on a party-party basis. 7 In the circumstances I dismissed the appeal and ordered that the appellant pay the first respondent's costs assessed in the sum of $1,480.00.