FEDERAL COURT OF AUSTRALIA

SZOAT v Minister for Immigration & Citizenship [2010] FCA 846

THE COURT ORDERS THAT:

1.         That the application for an extension of time in which to file and serve a notice of appeal against the orders of the Federal Magistrates Court made on 12 May 2010 is dismissed.

2.         The applicant pay the first respondent’s costs of the application

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

REASONS FOR JUDGMENT

1                     Before the Court is an application for an extension of time within which to serve a notice of appeal from orders made by the Federal Magistrates Court on 12 May 2010. 

2                     When the matter was called on this morning and the applicant was called outside the Court, there was no appearance.  Consequently, Ms Warner the solicitor for the first respondent rang the mobile telephone number provided by the applicant to the Federal Magistrates Court.  Ms Warner then recounted to the Court the conversation which she had with a person who identified himself as the applicant.  In that conversation the applicant indicated that he did not intend to come to Court, that he had taken some alternative procedure to advance his interests. 

3                     The first respondent has therefore sought orders pursuant to O 35A r 3(1)(a) of the Federal Court Rules that the application be dismissed with costs.  Such an order is justified following the failure of the applicant to appear on the application and thereby failing to prosecute the proceeding with due diligence (O 35A r 2(1)(f)). 

Associate:

Dated:         12 August 2010