NAMD v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 245

NAMD v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 245

As the appellant put forward no material or argument in support of his appeal and there was nothing before the Court to suggest error in the earlier judgment, the appeal should be dismissed with costs on the ordinary basis, not on an indemnity basis.

Parties
Appellant: NAMD; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
03 November 2003
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Appeal, Costs, Indemnity Costs, Incompetent Appeal, Unrepresented Litigants
Migration Law Civil Procedure Appeal Costs Indemnity Costs Incompetent Appeal Unrepresented Litigants

Case Brief

Summary, issues, holding and outcome

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Parties

NAMD

Appellant

Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether it is appropriate to award indemnity costs when no ground is made out for relief and no ground is attempted to be made out
  2. 2 Whether the appeal should be dismissed where there is no prosecution or substantiation of grounds

Ratio Decidendi

As the appellant put forward no material or argument in support of his appeal and there was nothing before the Court to suggest error in the earlier judgment, the appeal should be dismissed with costs on the ordinary basis, not on an indemnity basis.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.