Bonaventura v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1361

FEDERAL COURT OF AUSTRALIA

Bonaventura v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCA 1361

ANTONIO BONAVENTURA v MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

N922 of 2003

MADGWICK J
20 NOVEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N922 OF 2003

BETWEEN:	ANTONIO BONAVENTURA APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MADGWICK J
DATE OF ORDER:	20 NOVEMBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        The applicant is to pay the respondent’s 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	N922 OF 2003

BETWEEN:	ANTONIO BONAVENTURA APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MADGWICK J
DATE:	20 NOVEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

1. It is now 10.43am and the applicant has not appeared.  Some information has been received by my associate (and I am informed that the same information has been received by the respondent) that the applicant has returned to his native country.  It seems probable therefore that he has simply abandoned the proceedings. 

2. However, there may be some other explanation for his absence and I think it is appropriate that I do as I am asked, namely to dismiss the action because of his absence under O 32 r 2(1)(c).  I note that under O 35 r 7(2)(a) the Court may, if it thinks fit, vary or set aside such an order. 

3. The applicant is to pay the respondent’s costs.

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

Associate:

Dated:            27 November 2003

No appearance by the applicant.
Counsel for the Respondent:	Mr Kennett
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	20 November 2003
Date of Judgment:	20 November 2003