FEDERAL COURT OF AUSTRALIA
Potier v Hannigan (No 2) [2015] FCA 1455
IN THE FEDERAL COURT OF AUSTRALIA | |
Applicant | |
AND: | First Respondent MINISTER FOR IMMIGRATION AND BORDER PROTECTION Second Respondent THE RESPONSIBLE OFFICER: ADMINISTRATIVE APPEALS TRIBUNAL Third Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. Pursuant to r 5.23(1)(b)(i) of the Federal Court Rules 2011, the proceedings be dismissed immediately.
2. The applicant pay the second respondent’s costs of the proceedings
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
NEW SOUTH WALES DISTRICT REGISTRY | |
GENERAL DIVISION | NSD 1558 of 2015 |
BETWEEN: | MALCOLM HUNTLEY POTIER Applicant |
AND: | REGISTRAR PADDY HANNIGAN First Respondent MINISTER FOR IMMIGRATION AND BORDER PROTECTION Second Respondent THE RESPONSIBLE OFFICER: ADMINISTRATIVE APPEALS TRIBUNAL Third Respondent |
JUDGE: | MARKOVIC J |
DATE: | 17 DECEMBER 2015 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 This matter came on for a case management hearing today at 9.30 am. It was called outside the Court. There was no appearance on behalf of the applicant. The second respondent filed in Court an affidavit affirmed by Louise Bernadette Buchanan today in which Ms Buchanan gives evidence that she has been informed by an officer of the Department of Immigration and Border Protection that the applicant departed Australia on the afternoon of 15 December 2015. A screenshot of an electronic database held by the Department annexed to Ms Buchanan’s affidavit confirms that is the case.
2 The second respondent has applied for an order pursuant to r 5.23(1)(b)(i) of the Federal Court Rules 2011 (the Rules) that the proceeding be dismissed immediately on the basis that the applicant is in default. The relevant default, pursuant to r 5.22(c) of the Rules, is that the applicant has failed to attend a hearing in the proceeding, namely the directions hearing this morning. The second respondent also applies for his costs of the proceedings. He does so on the basis of the findings made by me in an interlocutory application filed by the applicant and determined earlier this week that the proceedings filed by the applicant were of no utility.
In the circumstances, I am prepared to make the orders sought by the second respondent. I make the following orders:
(1) Pursuant to r 5.23(1)(b)(i) of the Federal Court Rules, the proceedings be dismissed immediately.
(2) The applicant pay the second respondent’s costs of the proceedings.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Markovic. |
Associate:
