FEDERAL COURT OF AUSTRALIA
NBGQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1194
NBGQ & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N869 OF 2004
JACOBSON J
10 SEPTEMBER 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N869 OF 2004 |
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BETWEEN: |
NBGQ FIRST APPLICANT
NBGS SECOND APPLICANT
NBGR THIRD APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JACOBSON J |
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DATE OF ORDER: |
10 SEPTEMBER 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The appellants 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 |
N869 OF 2004 |
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BETWEEN: |
NBGQ FIRST APPLICANT
NBGS SECOND APPLICANT
NBGR THIRD APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
JACOBSON J |
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DATE: |
10 SEPTEMBER 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This matter was called on for hearing at 10.15am today. There was no appearance for the applicants, and I stood the matter down until 10.30am, in case the applicants were unavoidably delayed. It is now 10.35am, and there is still no appearance.
2 Ms Pepper, of counsel for the respondent, asks me to dismiss the action under order 32 rule 2(1)(c) of the Federal Court Rules.
3 I am satisfied that the applicants have been notified of the hearing date. The applicants appeared in person at a directions hearing before a Registrar on 21 June 2004, when the matter was listed for hearing on 10 September 2004 before me.
4 Moreover, on the following day, 22 June 2004, a letter was sent to the first named applicant at the address stated on the application. The letter stated, amongst other things, that the matter was listed for hearing before me at 10.15 am on 10 September 2004.
5 A further letter was sent to the first named applicant on 8 September 2004 at the same address. The letter enclosed a copy of the respondent's written submissions and reminded the applicant that the matter was listed for hearing this morning, before me.
6 In those circumstances, it is appropriate that I make an order as requested by the respondent in accordance with order 32 rule 2(1)(c) that the application be dismissed.
7 The applicants are to pay the respondent's costs of the proceedings.
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I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson. |
Associate:
Dated: 10 September 2004
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Counsel for the Applicant: |
The Applicant did not appear |
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Counsel for the Respondent: |
Ms R Pepper |
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Solicitor for the Respondent: |
Sparke Helmore |
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Date of Hearing: |
10 September 2004 |
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Date of Judgment: |
10 September 2004 |
