McLachlan v Assistant Minister for Immigration and Border Protection (No 2)

[2018] FCA 1040

FEDERAL COURT OF AUSTRALIA

McLachlan v Assistant Minister for Immigration and Border Protection (No 2) [2018] FCA 1040

Appeal from:	McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109
File number:	WAD 150 of 2018
Judge:	COLVIN J
Date of judgment:	10 July 2018
Date of hearing:	10 July 2018
Registry:	Western Australia
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	No Catchwords
Number of paragraphs:	6
Counsel for the Appellant:	The appellant did not appear
Counsel for the Respondent:	Ms EL Tattersall
Solicitor for the Respondent:	Sparke Helmore Lawyers

ORDERS

WAD 150 of 2018

BETWEEN:

PETER KAWITI MCLACHLAN

Appellant

AND:

ASSISTANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Respondent

JUDGE:	COLVIN J
DATE OF ORDER:	10 JULY 2018

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant do pay the respondent's costs to be assessed if not agreed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLVIN J:

1. This matter is listed before me today for hearing.  It is an application for an extension of time in which to seek leave to appeal.  On 8 May, I heard an application by Mr McLachlan for an urgent interlocutory injunction to restrain his removal from Australia.  At that time, I heard from Mr McLachlan and delivered reasons in which I concluded that there was no arguable case to support the grant of injunctive relief and made orders dismissing the application for the injunction.

2. Since then, Mr McLachlan has been notified of this date being set down for hearing.  He was notified by the Court to the last known email address by an email of 15 June 2018 and advised that the matter would be listed for hearing on this date at this time and that if there was no appearance or no substantive application in the matter then the matter may be dismissed.

3. I note that the Minister has also taken steps to notify Mr McLachlan of the matter and invited a statement from him as to how he wishes to proceed with the application and whether he wishes to discontinue.  The Minister has not received any communication from Mr McLachlan.

4. This morning, the court officer has called the matter three times and there has been no appearance for Mr McLachlan.

5. In those circumstances, I am satisfied that the matter ought be dismissed, both by reason of the failure by Mr McLachlan to make any efforts to appear today and also because there is nothing before me to persuade me to a different view to that which I reached on 8 May 2018 that there was no arguable case in this matter.

6. So in those circumstances, the orders I make are that the application is dismissed and that the applicant pay the respondent's costs to be assessed if not agreed.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Colvin.

Associate:
Dated:  10 July 2018