Masud v Minister for Immigration and Multicultural Affairs

[2001] FCA 1485

FEDERAL COURT OF AUSTRALIA

Masud v Minister for Immigration & Multicultural Affairs [2001] FCA 1485

MOHAMMAD MASUD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
N 167 of 2001

WHITLAM J
23 MAY 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N167 of 2001

BETWEEN:	MOHAMMAD MASUD APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	WHITLAM J
DATE OF ORDER:	23 MAY 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The application is dismissed.

2.   The applicant pay the respondent’s costs.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY		N167 of 2001
BETWEEN:	MOHAMMAD MASUD APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	WHITLAM J
DATE:	23 MAY 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was listed for hearing today.  The applicant did not appear.  The explanation for his failure to appear emerges from a letter dated 15 May 2001, sent to the Deputy District Registrar of the Court, in which he indicated that he wished to discontinue the proceeding.  The Deputy District Registrar indicated, by letter dated 16 May 2001, that the applicant should file a notice of discontinuance if he wished to discontinue but that, under the Federal Court Rules, cost consequences may follow.  No notice of discontinuance has been filed today.

2. It appears therefore that the applicant has abandoned his case and there is no utility in adjourning the matter to a further date, in order to seek some other explanation for his non-appearance today.  In all of the circumstances, it is appropriate that the application be dismissed.  Mr Justin Smith, who appears for the respondent, asks for costs.  Again, it is appropriate that that order be made. 

3. Accordingly, I order that the application be dismissed and the applicant pay the

   respondent’s costs of the proceedings.

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

Associate:

Dated:             24 October 2001

The applicant did not appear.
Counsel for the respondent:	J D Smith
Solicitor for the respondent:	Clayton Utz
Date of hearing:	23 May 2001
Date of judgment:	23 May 2001