FEDERAL COURT OF AUSTRALIA
Applicant M1030/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1117
APPLICANT M1030/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
V813 of 2003
WEINBERG J
25 AUGUST 2004
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
V813 OF 2003 |
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BETWEEN: |
APPLICANT M1030/2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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WEINBERG J |
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DATE OF ORDER: |
25 AUGUST 2004 |
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WHERE MADE: |
MELBOURNE |
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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VICTORIA DISTRICT REGISTRY |
V813 OF 2003 |
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BETWEEN: |
APPLICANT M1030/2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
WEINBERG J |
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DATE: |
25 AUGUST 2004 |
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PLACE: |
MELBOURNE |
EXTEMPORE REASONS FOR JUDGMENT
1 This matter was listed for hearing at 10.15 this morning. When the matter was called on, there was no appearance on the part of the applicant. Dr Donaghue, appearing for the Minister, applied for an order under Order 32 Rule 2(1)(c) of the Federal Court Rules seeking to have the application dismissed on the basis that the applicant was absent when the matter was called on for hearing. I adjourned the matter for thirty minutes to see whether the applicant would appear, however, he has not done so. Dr Donaghue has renewed his application for an order dismissing the application, having regard to the failure of the applicant to prosecute his claim, and for costs. I am satisfied that that is an appropriate order to make in the circumstances, and I propose to make that order.
2 I should indicate that I have also had the opportunity to read the submissions filed on behalf of the applicant at a time when he was legally represented, and also the submissions filed on behalf of the Minister. If I considered that there was any merit in the applicant's claim, I would have taken a different course and adjourned the case in order to enable the applicant to be located. However, I consider that the Minister's comprehensive submission adequately answer the matters raised on behalf of the applicant, and that is a further factor inclining me towards the order that I have made dismissing the application, in effect, for want of prosecution.
3 Accordingly, the order of the Court that the application be dismissed with costs.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Weinberg. |
Associate:
Dated: 25 August 2004
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No appearance for the applicant |
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Counsel for the Respondent: |
Dr S P Donaghue |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
25 August 2004 |
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Date of Judgment: |
25 August 2004 |
