FEDERAL COURT OF AUSTRALIA

NAVT v Minister for Immigration & Multicultural &
Indigenous Affairs [2004] FCA 52

NAVT v MINISTER FOR IMMIGRATION & MULTICULTURAL &

INDIGENOUS AFFAIRS

N 1439 of 2003

LINDGREN J

2 FEBRUARY 2004

SYDNEY

THE COURT ORDERS THAT:

1.         The application be dismissed.

2.         The applicant pay the respondent’s costs.

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

REASONS FOR JUDGMENT

1                     On 8 October 2003, when the applicant was present in court, this proceeding was fixed for hearing on a date to be advised by my Associate, and it was noted that both parties would be available on any date fixed.

2                     On 15 October 2003, my Associate wrote to the applicant (and also to the solicitor for the respondent) advising that the hearing was fixed for today at 2.15 pm. 

3                     In addition, on 19 January 2004, the solicitors for the respondent wrote to the applicant forwarding to him a copy of the respondent’s submissions and noting that the proceeding was fixed for hearing before me today at 2.15 pm.

4                     Notwithstanding the above, upon the matter being called on for hearing at 2.15 pm today, and the applicant being called outside the court-room, he did not appear.

5                     Accordingly, on the application of the respondent and pursuant to Order 32 rule 2(1)(c) of the Federal Court Rules, I will dismiss the application with costs. 

Associate:        

Dated:              4 February 2004

The Applicant did not appear.

Counsel for the Respondent:          Mr T Reilly