Chowdhury, Manjural Haque v Minister for Immigration and Multicultural Affairs

[1998] FCA 1396

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 841 OF 1998

BETWEEN:	MANJURAL HAQUE CHOWDHURY Ex parte Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
JUDGE:		HELY J
DATE OF ORDER:		3 NOVEMBER 1998
WHERE MADE:		SYDNEY

ORDER 32 RULE 2

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	NG 841 OF 1998

BETWEEN:	MANJURAL HAQUE CHOWDHURY Ex parte Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	HELY J
DATE:	3 NOVEMBER 1998
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

HELY J:        This matter was listed for hearing on 29 October last.  When the matter was called on for hearing, Mr Chowdhury did not appear, nor had he given any prior intimation of any inability to appear.  He had, however, sent to my associate a certificate from a medical practitioner indicating that he was unable to attend normal duties from 26 October until 30 October.  Because of the receipt of that certificate, I adjourned the matter until today and directed that notification of the adjournment be given to Mr Chowdhury, together with an intimation that if he did not appear on this occasion, the matter could be dealt with in his absence.

A letter was sent to him by the Crown Solicitor on 29 October 1998 in accordance with that direction and the matter was called on for hearing again today.  Once more, Mr Chowdhury did not appear and he has not given any prior notification either to the Court or to the Australian Government solicitor of any inability to appear today.

In those circumstances, I think that I should accede to Ms Backman's submission that an order should be made under Order 32 dismissing the proceedings and I propose so to order.  I order that the application be dismissed with costs.

I certify that this and the preceding one (1) page is a true copy of the Reasons for Judgment herein of the Honourable Justice Hely

Associate:

Dated:             

Applicant:	No appearance
Counsel for the Respondent:	Ms Backman with Ms Cheetham
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	3 November 1998
Date of Judgment: