FEDERAL COURT OF AUSTRALIA
Applicant S498 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1424
Applicant S498 of 2003 v Minister for Immigration and Multicultural AND INDIGENOUS Affairs & ORS
nsd 555 of 2004
ALLSOP J
28 OCTOBER 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 555 of 2004 |
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BETWEEN: |
APPLICANT S498 of 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
MS PHILIPPA MCINTOSH, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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ALLSOP J |
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DATE OF ORDER: |
28 OCTOBER 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the first respondent's costs in the sum of $3,000.
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 |
NSD 555 of 2004 |
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BETWEEN: |
APPLICANT S498 of 2003 APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
MS PHILIPPA MCINTOSH, MEMBER OF THE REFUGEE REVIEW TRIBUNAL THIRD RESPONDENT
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JUDGE: |
ALLSOP J |
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DATE: |
28 OCTOBER 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 The applicant in this matter, being an application for constitutional and statutory writs (originally made to the High Court) was remitted to this Court by Heydon J on 6 February 2004. The matter was set down for hearing today at 11.30 a.m. before me. The affidavit of the employee of Blake Dawson Waldron, Mr Benjamin Alexander Cramer, makes clear that the applicant was served with the directions and the orders setting the matter down for hearing today. It also makes clear that he has left the country. No communication has been received from, and no application has been made by, the applicant to adjourn this matter.
2 The matter was called on at 11.30 a.m. and later at 12.15 p.m. There being no appearance I dismiss the application in those circumstances for want of prosecution and by reason of the absence of the applicant. I order that the applicant pay the respondent's costs.
3 Mr Cramer makes application that I identify the amount of costs in respect of the order. I think that is appropriate to avoid any further expense in this matter. Solicitor-client costs, I am prepared to accept from the Bar table for these proceedings and for the High Court proceedings will be in the order of $4,500 and counsel's fees will be in the order of $1,500. It is sought that I make an order for fixing the costs at $3,000. I think that is a fair estimate of appropriate costs in all the circumstances.
4 Thus, the orders I make are the application be dismissed and that the applicant pay the first respondent's costs in the sum of $3,000.
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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 Allsop . |
Associate:
Dated: 3 November 2004
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Counsel for the Respondent: |
Mr B Cramer (Slr) |
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Solicitor for the Respondent: |
Blake Dawson Waldron |
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Date of Hearing: |
28 October 2004 |
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Date of Judgment: |
28 October 2004 |
