FEDERAL COURT OF AUSTRALIA
Ni v Minister for Immigration & Multicultural Affairs [2001] FCA 1293
XIU HUA NI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 1078 OF 2001
HELY J
4 SEPTEMBER 2001
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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N 1078 OF 2001 |
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BETWEEN: |
XIU HUA NI APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The application be dismissed with costs.
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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N 1078 OF 2001 |
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BETWEEN: |
APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
1 This matter was before the Court for directions on 9 August, 23 August 2001 and again this morning. The applicant has not appeared on any of those occasions, even though by letter posted to her on 14 August 2001 she was notified that the matter was listed for directions on 23 August 2001. By letter posted on 24 August 2001 she was notified that the matter would be listed for further directions before me this morning. In that letter the applicant was informed that if she did not attend on this occasion, the respondent proposed to ask the Court to dismiss her case and to order that the applicant pay the Minister's costs.
2 In those circumstances, I think it is appropriate that I should accede to the respondent's application to dismiss the application under Order 10, rule 3(2). I order pursuant to that rule that the application be dismissed with costs.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely. |
Associate:
Dated: 11 September 2001
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No appearance by the applicant |
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Solicitor for the Respondent: |
Blake Dawson Waldron |
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Date of Hearing: |
4 September 2001 |
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Date of Judgment: |
4 September 2001 |
