Esd18 v Minister for Immigration and Anor (No.2)

The applicant, Esd18, sought to set aside a previous consent order dismissing proceedings against the Minister for Immigration and another respondent. The matter was erroneously allocated a fresh case number, and an order to strike out this second case number was not perfected.

The central legal issue before the Court was whether the applicant could successfully apply to set aside the consent order dismissing the original proceedings, and consequently, the status of the second, erroneously allocated, case number.

Justice Street found that the applicant had consented to the dismissal of the original proceedings, and there was no basis to set aside that consent order. Consequently, the second matter, which was initiated to challenge the original dismissal, was also without foundation. The Court noted that while the order to strike out the second matter number had not been perfected, it was nevertheless appropriate to strike out that second matter number.

The Court ordered that the second matter number be struck out.