Applicant S498 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1424

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 555 of 2004

BETWEEN:

APPLICANT S498 of 2003
APPLICANT

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

JUDGE:

ALLSOP J

DATE OF ORDER:

28 OCTOBER 2004

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.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 555 of 2004

BETWEEN:

APPLICANT S498 of 2003
APPLICANT

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

JUDGE:	ALLSOP J
DATE:	28 OCTOBER 2004
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 The applicant in this matter, being an application for constitutional and statutory writs (originally made to the High Court) was remitted to this Court by Heydon J on 6 February 2004.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.

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

Counsel for the Respondent:	Mr B Cramer (Slr)
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	28 October 2004
Date of Judgment:	28 October 2004