Jaffe, Charles Dennis v Minister for Immigration and Ethnic Affairs

[1995] FCA 923

IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY )    No NG 475 of 1994
GENERAL DIVISION                 )

BETWEEN:

CHARLES DENNIS JAFFE
  Applicant

AND:

MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

Respondent

CORAM:    SACKVILLE J.
PLACE:    SYDNEY 
DATE:     14 November 1995

REASONS FOR JUDGMENT

I have dealt in this matter with the applicant's application for adjournment.  In dealing with that application I have set out the history of the matter.  Once I refused the application for adjournment Mr Anstee, who had been appearing for the applicant only in relation to the adjournment application, sought to be excused.  He had previously, as I have already indicated, stated to the court that he had been briefed only to appear on the adjournment application.

In those circumstances, Ms Henderson, who appears for the Minister, seeks an order that the proceedings be dismissed.  She relies upon Order 32, rule 2 of the Federal Court Rules.  That rule provides that if, when a proceeding is called on for trial, any party is absent the court may, if the party absent
is an applicant, dismiss the action.  In any event, as I follow Ms Henderson, she relies upon the fact that there is nobody present for the applicant, and thus no submissions have been made or evidence led on behalf of the applicant in connection with the application to set aside the decision.

In those circumstances I think the appropriate course is for the application to be dismissed and I do so.  I order that the applicant pay the respondent's costs.

I certify that this and the preceding 1 page are a true copy of the Reasons for Judgment of the Honourable Justice Sackville.

Associate:

Dated:14 November, 1995

Heard:14 November, 1995

Place:            Sydney

Decision:14 November, 1995

Appearances:      Mr M. Anstee, appeared for the applicant.

Ms R. Henderson, instructed by the Australian Government Solicitor, appeared for the respondent.