Lee, Choong Kyoo v Minister for Immigration and Multicultural Affairs

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 879 of 1997

BETWEEN:

CHOONG KYOO LEE
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE:

SACKVILLE J

DATE:

1 MAY 1998

PLACE:

SYDNEY

REASONS FOR JUDGMENT

Mr Pearson, who appears on behalf of the Minister in this matter, has sought an order dismissing the proceedings pursuant to Federal Court Rules, O 32, r 2(1)(c). He does so on the basis that the applicant is absent. It is true that Ms Hong has been granted leave to appear for the applicant today for the limited purpose of seeking an adjournment. However, the applicant is neither present, nor does he have a legal representative or any other authorised representative present for the purposes of the conduct of the proceedings.

It seems to me appropriate that an order be made dismissing the proceedings. I have taken into account the matters referred to in the judgment that I have already delivered, in particular that the applicant has had knowledge for at least two months that the proceedings were set down for hearing today. He has not complied with Court directions for the filing of affidavits. There is nothing in the material before the Court to suggest that there is an arguable case to be made on his behalf.

In these circumstances the appropriate order is that the proceedings be dismissed and that the applicant pay the costs of the respondent. I make those orders.

I certify that this page is a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville

Associate:

Dated: 1 May 1998

Applicant: Unrepresented

Solicitor for the Respondent: Mr A Pearson

Australian Government Solicitor

Date of Hearing: 1 May 1998

Date of Judgment: 1 May 1998

CaseChat Overview and Summary

The Federal Court of Australia, New South Wales District Registry, dealt with a matter brought by Choong Kyoo Lee against the Minister for Immigration and Multicultural Affairs. The applicant, Lee, was absent from the proceedings and had neither a legal nor an authorised representative present. The Minister, represented by Mr Pearson, sought the dismissal of the proceedings under Federal Court Rules, O 32, r 2(1)(c) due to the applicant's absence. Although Ms Hong had been granted leave to appear on behalf of the applicant for the limited purpose of seeking an adjournment, the applicant did not appear or have any representative present to conduct the proceedings. Justice Sackville found it appropriate to dismiss the proceedings, noting that the applicant had been aware of the hearing date for at least two months, had not complied with Court directions for filing affidavits, and had no arguable case presented.

The central legal issue was whether the proceedings should be dismissed due to the applicant's absence and the lack of representation. The court considered the applicant's knowledge of the hearing date, his failure to comply with court directions, and the absence of any material suggesting an arguable case. Justice Sackville concluded that the appropriate course of action was to dismiss the proceedings and order the applicant to pay the respondent's costs. The decision underscored the necessity for parties to comply with procedural requirements and appear in court or have proper representation to avoid dismissal. The court's reasoning was grounded in the procedural fairness and the need for the applicant to actively participate in the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 879 of 1997

BETWEEN:	CHOONG KYOO LEE APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:		SACKVILLE J
DATE:		1 MAY 1998
PLACE:		SYDNEY

Applicant:	Unrepresented
Solicitor for the Respondent:	Mr A Pearson
Australian Government Solicitor
Date of Hearing:	1 May 1998
Date of Judgment:	1 May 1998