Applicants S57 of 2002 v Refugee Review Tribunal

[2003] FCA 1196

FEDERAL COURT OF AUSTRALIA

Applicants S57 of 2002 v Refugee Review Tribunal [2003] FCA 1196

APPLICANTS S57 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR

N208 OF 2003

EMMETT J
6 JUNE 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N208 OF 2003

BETWEEN:

APPLICANTS S57 OF 2002
APPLICANTS

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

6 JUNE 2003

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.the application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules

2.the first applicant pay the second respondent’s costs

3.the second respondent notify the first applicant at her last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules.

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	N208 OF 2003

BETWEEN:

APPLICANTS S57 OF 2002
APPLICANTS

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	EMMETT J
DATE:	6 JUNE 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was remitted to the Court from the High Court of Australia by order of Gaudron J on 6 February 2003.  When the matter was remitted, Adrian Joel & Co, solicitors, were on the record as acting for the applicants.  On 1 May 2003, a notice of withdrawal of solicitor was filed.  In an affidavit filed by the solicitor, the latest address of the applicants known to him is disclosed as 155 Caroline Chisholm Drive, Winston Hills. 

2. An affidavit of Mark Andrew Cruice, sworn 30 April 2003, indicates that, on 12 March 2003, Adrian Joel & Co wrote to the applicants, seeking fees in advance.  On 25 March 2003, the first applicant attended the office of Mr Cruice and indicated that it was the intention of her husband and herself to discontinue the proceedings.  Mr Cruice has attempted to communicate with the first applicant on a number of occasions without success.  On 26 May 2003, the solicitor for the first respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’), wrote to the first applicant at the last address known, being 155 Caroline Chisholm Drive, Winston Hills.  The communication was returned by post on the basis that the first applicant no longer resides at that address.  On 4 June 2003, the second applicant filed a notice of discontinuance. 

3. When the matter was called on today for directions, there was no appearance for the first applicant.  The Minister therefore seeks an order for summary dismissal pursuant to O 10 r 3 of the Federal Court Rules.  In the circumstances, it is appropriate to make such an order. 

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

Associate:

Dated:             29 October 2003

Counsel for the First Applicant:	No appearance
Solicitor for the Respondents:	Australian Government Solicitor
Date of Hearing:	6 June 2003
Date of Judgment:	6 June 2003