Atunashvili v Minister for Immigration and Multicultural Affairs

[2001] FCA 206

FEDERAL COURT OF AUSTRALIA

Atunashvili v Minister for Immigration & Multicultural Affairs [2001] FCA 206

VAJA ATUNASHVILI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 1061 OF 2000

HELY J
5 MARCH 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1061 OF 2000

BETWEEN:	VAJA ATUNASHVILI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	5 MARCH 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

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	N 1061 OF 2000

BETWEEN:	VAJA ATUNASHVILI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE:	5 MARCH 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was listed for directions before a registrar on 2 November 2000.  It is apparent from the short minutes of order placed with the papers that the applicant was present at that directions hearing as he signed the short minutes of order.  Those short minutes record that the matter was listed for hearing at 10.15 am this morning.  When the matter was called on there was no appearance for the applicant.  I was informed by Mr Lloyd that the respondent's outline of submissions were sent to the applicant at the address noted in the application for an order of review on 28 February 2001 and there has been no contact between the applicant and Mr Lloyd's instructing solicitors since that time.

2. The short minutes of order provided for the applicant to file and serve written submissions five working days prior to the hearing date.  An examination of the file indicates that the applicant has not complied with that order.  In the circumstances Mr Lloyd seeks an order pursuant to Order 32 rule 2(c) that the proceedings be dismissed.

3. I think it is appropriate that such an order be made.  Accordingly I order that the proceedings be dismissed and that the applicant pay the respondent's costs of the proceedings.

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

Associate:

Dated:            9 March 2001

No appearance by the applicant
Counsel for the Respondent:	Stephen Lloyd
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	5 March 2001
Date of Judgment:	5 March 2001