Marcelo v Minister for Immigration & Multicultural Affairs

[2001] FCA 449

FEDERAL COURT OF AUSTRALIA

Marcelo v Minister for Immigration & Multicultural Affairs
[2001] FCA 449

MILAGROS MARCELO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 106 OF 2001

GYLES J
SYDNEY
19 APRIL 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 106 OF 2001

BETWEEN:	MILAGROS MARCELO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	19 APRIL 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application is dismissed.

2.The applicant pay the costs of the respondent.

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 106 OF 2001

BETWEEN:	MILAGROS MARCELO APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	GYLES J
DATE:	19 APRIL 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT (EX TEMPORE)

1. In this matter the history is set out in an affidavit of Mr Cureton of 19 April 2001 and service of communications has been established by affidavits from a process server.  On its face, it is a straightforward matter for the application of O 10, r 3(2) having in mind the failure of the applicant in the case to appear as detailed in that evidence.

2. My concern lies in the fact that the second directions hearing was listed before the Registrar at 2.15 pm on 15 March 2001 but, for reasons which I cannot ascertain, and which the solicitor for the respondent is unable to assist with, that matter was not listed on that day and it was listed for directions before me on 29 March 2001.  I am satisfied however that, notwithstanding that circumstance, appropriate notice has been given to the applicant as to the directions hearing today and there is no explanation for non-appearance.  It is not the first time and it is therefore a matter appropriate for an order to be made under O 10, r 3(2).

3. The solicitor for the respondent indicated that notice would be given pursuant to O 35, r 7.  I dismiss this application and I order the applicant to pay the costs of the respondent.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Associate:

Dated:             23 April 2001

The Applicant was self represented
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	19 April 2001
Date of Judgment:	19 April 2001