Musa v Ministry of Transport

[2005] FCA 1130

FEDERAL COURT OF AUSTRALIA

Musa v Ministry of Transport [2005] FCA 1130

AHMED MUSA v MINISTRY OF TRANSPORT
NSD 1169 of 2005

WILCOX J
5 AUGUST 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1169 of 2005

BETWEEN:	AHMED MUSA APPLICANT
AND:	MINISTRY OF TRANSPORT RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	5 AUGUST 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        Pursuant to Order 10, rule 1 of the Federal Court Rules, the application be dismissed.

AND THE COURT DIRECTS THAT:

2.No application to set aside this order is to be filed unless it is accompanied by an amended notice of appeal identifying, with precision, a question of law arising out of the decision of the Administrative Appeals Tribunal, in relation to which the applicant will contend that the Administrative Appeals Tribunal erred.

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	NSD 1169 of 2005

BETWEEN:	AHMED MUSA APPLICANT
AND:	MINISTRY OF TRANSPORT RESPONDENT

JUDGE:	WILCOX J
DATE:	5 AUGUST 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. This matter was listed for a directions hearing at 9.30 am today.  It is now 10.05am.  I held the matter in the list in case Mr Musa was late.  He still has not appeared, despite the fact that his name has been called outside the court.  The solicitor acting for the respondent, Mr I McLachlan, has heard nothing from Mr Musa.  I am not aware of any message being received by anybody in the Court.  There being no explanation of the non-appearance of the applicant, it is appropriate for the application to be dismissed pursuant to Order 10, rule 1 of the Federal Court Rules.

2. If Mr Musa seeks to reinstate the matter, this should only be on the basis that he identifies a question of law arising out of the Administrative Appeals Tribunal's decision.  The documents currently filed do not reveal any question of law. 

3. Pursuant to Order 10, rule 1 of the Federal Court Rules, I order that the application be dismissed with costs.  No application to set aside this order is to be filed unless it is accompanied by an amended notice of appeal identifying, with precision, a question of law arising out of the decision of the Administrative Appeals Tribunal, in relation to which the appellant will contend that the Administrative Appeals Tribunal erred.

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

Associate:

Dated:  18[1] August 2005

[1]

There was no appearance for the Applicant
Solicitors for the Respondent:	Smyth & Mallam Solicitors
Date of Hearing:	5 August 2005
Date of Judgment:	5 August 2005