Applicant S 124 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 268

FEDERAL COURT OF AUSTRALIA

Applicant S 124 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 268

APPLICANT S 124 OF 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1734 of 2004

ALLSOP J
16 MARCH 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1734 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	APPLICANT S 124 OF 2004 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	16 MARCH 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The application for and extension of time to file and serve a notice of appeal be dismissed pursuant s 25 (2B) (bb) (ii) of the Federal Court of Australia Act 1976 (Cth).
2. The order of the Court today not be entered before the expiry of 21 days after the sending the respondent to the applicant a letter by registered post informing him of the order of the Court that was made by reason of his non attendance at the hearing today.
3. The applicant pay the respondent’s costs fixed at a sum of $1,000.00.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1734 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	APPLICANT S 124 OF 2004 APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	ALLSOP J
DATE:	16 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter there has been no appearance by the applicant.  I have read the affidavit of Mr Cramer and am satisfied that the applicant was aware of the hearing today.

2. The orders I make are as follows:

   1.the application for and extension of time to file and serve a notice of appeal be dismissed pursuant s 25 (2B) (bb) (ii) of the Federal Court of Australia Act 1976 (Cth).

   2.the order of the Court today not be entered before the expiry of 21 days after the sending the respondent to the applicant a letter by registered post informing him of the order of the Court that was made by reason of his non attendance at the hearing today.

   3.the applicant pay the respondent’s costs fixed at a sum of $1,000.00.

3. Mr Cramer has asked for the sum in the final order.  I have perused the file and the steps have been taken by the solicitors.  It seems to me that sum is a reasonable amount in all the circumstances and to avoid further costs I make that order.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:             22 March 2005

Counsel for the Respondent:	Mr B Cramer (Slr)
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	16 March 2005
Date of Judgment:	16 March 2005