FEDERAL COURT OF AUSTRALIA
NAEX v Minister for Immigration & Multicultural Affairs [2003] FCA 184
NAEX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N1272 OF 2002
MADGWICK J
6 FEBRUARY 2003
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N1272 OF 2002 |
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BETWEEN: |
NAEX APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
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MADGWICK J |
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DATE OF ORDER: |
6 FEBRUARY 2003 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. In accordance with O 32 r 2(1)(c) the application is dismissed.
2. The applicant to pay the respondent's 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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NEW SOUTH WALES DISTRICT REGISTRY |
N1272 OF 2002 |
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BETWEEN: |
NAEX APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
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JUDGE: |
MADGWICK J |
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DATE: |
6 FEBRUARY 2003 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
(revised from transcript)
1 In this matter, when the proceeding was called on for trial, the applicant was absent. In fact, the applicant has been deported to Shanghai in the Peoples Republic of China. It is very unlikely that he would wish to persist with this application. It would appear to have little chance of success, to say the least of it.
2 An application was made to dismiss the proceeding as hopeless but, in accordance with principle, the applicant would be entitled to have notice of such a strike-out application and he had no such notice.
3 I think the preferable course is to dismiss the proceeding under O 32 r 2(1)(c). This will have the effect that the court could, if thought fit, set aside that order pursuant to O 35 r 7(2)(a).
4 Accordingly, I so order and the applicant is to pay the respondent's costs.
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I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. |
Associate:
Dated: 24 February 2003
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No appearance by the Applicant. |
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Solicitor for the Respondent: |
Mr Higgins of Clayton Utz |
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Date of Hearing: |
6 February 2003 |
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Date of Judgment: |
6 February 2003 |
