Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1228

FEDERAL COURT OF AUSTRALIA

Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1228

FANG WANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 637 of 2003

ALLSOP J
31 OCTOBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 637 of 2003

BETWEEN:	FANG WANG APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	31 OCTOBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.In clarification of Order 1 made on 30 September 2003 time is extended to file a notice of appeal to 4 pm, Monday 3 November 2003.

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 637 of 2003

BETWEEN:	FANG WANG APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	ALLSOP J
DATE:	31 OCTOBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 30 September 2003 I made the following orders:

   1.Extend time to file a notice of appeal to a day 7 days from the delivery to the parties of the settled reasons for judgment.

   2.Liberty to either party to apply on 3 days’ notice to vary or discharge order 1 above, any such application to be on notice of motion filed in the registry.

2. On Friday 31 October the solicitors for the Minister contacted my chambers asking for clarification of the meaning of Order 1.  My associate sent the settled reasons to the parties on Friday 24 October 2003.  The Minister’s solicitors received them on Monday 27 October.  It was not clear to the solicitors for the Minister as to whether time for an appeal expired today 31 October 2003 or Monday 3 November 2003.

3. I think there is reason to think my order was ambiguous. 

4. In all the circumstances I am prepared to vary order 1 such that it accords with my intention to give the Minister 7 days from receipt of the reasons to institute an appeal.

5. Therefore I extended the time for filing a notice of appeal to 4.00 pm on Monday 3 November 2003. 

6. My associate contacted Mr Karp, the counsel for the successful applicant.  Mr Karp had no instructions about the matter but indicated that he could not see any basis to oppose any such varied order.

7. In all the circumstances I made this Order on 31 October 2003 so as to give effect to my original intention in making order 1.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:
Dated: 7 November 2003

Counsel for the Applicant:	Mr L J Karp
Solicitor for the Applicant:	Ren Zhou Lawyers
Counsel for the Respondent:	Ms R M Henderson
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	17 September 2003
Date of Judgment:	31 October 2003