FEDERAL COURT OF AUSTRALIA

 

NABU v Minister for Immigration & Multicultural Affairs [2002] FCA 235



 


 

NABU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 1531 OF 2001

 

 

TAMBERLIN J

SYDNEY

8 MARCH 2002




IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N1531 OF 2001

 

BETWEEN:

APPLICANT NABU

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

 

JUDGE:

TAMBERLIN J

DATE OF ORDER:

8 MARCH 2002

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 


The application is dismissed with costs.


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



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N1531 OF 2001

 

BETWEEN:

APPLICANT NABU

APPLICANT

 

AND:

MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

RESPONDENT

 

 

JUDGE:

TAMBERLIN J

DATE:

8 MARCH 2002

PLACE:

SYDNEY


REASONS FOR JUDGMENT


1                     In this matter I dismiss the proceedings for want of appearance.  I am satisfied that reasonable attempts have been made to serve the applicant.  There has been no appearance by the applicant and I will dismiss the proceeding for default of appearance but I note the provisions of Order 35 rule 7 of the Federal Court Rules which give the Court power to set aside judgments entered where there has been default of appearance and it is shown that a satisfactory reason exists for granting leave to make application to set aside such an order.  Accordingly, I dismiss the application with costs on that basis.


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


Associate:


Dated:              8 March 2002





There were no appearances for the Applicant.




Counsel for the Respondent:

Mr White



Solicitor for the Respondent:

Spark & Helmore



Date of Hearing:

8 March 2002



Date of Judgment:

8 March 2002