FEDERAL COURT OF AUSTRALIA
SZCVO V Minister For Immigration And Multicultural And Indigenous Affairs [2005] FCA 414
SZCVO v MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 378 of 2005
WHITLAM J
12 APRIL 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD378 OF 2005 |
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BETWEEN: |
SZCVO APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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WHITLAM J |
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DATE OF ORDER: |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
- The application for an extension of time for leave to appeal from the judgment of the Federal Magistrates Court given on 13 September 2004 is refused 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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NEW SOUTH WALES DISTRICT REGISTRY |
NSD378 OF 2005 |
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BETWEEN: |
SZCVO APPLICANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
WHITLAM J |
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DATE: |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 As the applicant has failed to attend the hearing, the solicitor for the respondent submits that the application should be dismissed with costs. Notice of the hearing was sent in good time to the applicant’s address for service. I think, therefore, that in the absence of any explanation for the absence of the applicant, such an order is appropriate. I am entirely comfortable taking this course because, having read the reasons for judgment in the court below, an appeal would obviously be futile: Halliday v SACS Group Pty Ltd (1993) 67 ALJR 678 per Mason CJ at 679.
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I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam. |
Associate:
Dated: 12 April 2005
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There was no appearance by or for the applicant. |
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Solicitor for the respondent: |
Mr A J Carter from Sparke Helmore |
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Date of hearing: |
12 April 2005 |
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Date of judgment: |
12 April 2005 |
