NABU v Minister for Immigration and Multicultural Affairs

[2002] FCA 235

FEDERAL COURT OF AUSTRALIA

NABU v Minister for Immigration & Multicultural Affairs [2002] FCA 235

NABU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 1531 OF 2001

TAMBERLIN J
SYDNEY
8 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1531 OF 2001

BETWEEN:	APPLICANT NABU APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	8 MARCH 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The application is dismissed with costs.

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	N1531 OF 2001

BETWEEN:	APPLICANT NABU APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	8 MARCH 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I dismiss the proceedings for want of appearance.  I am satisfied that reasonable attempts have been made to serve the applicant.  There has been no appearance by the applicant and I will dismiss the proceeding for default of appearance but I note the provisions of Order 35 rule 7 of the Federal Court Rules which give the Court power to set aside judgments entered where there has been default of appearance and it is shown that a satisfactory reason exists for granting leave to make application to set aside such an order.  Accordingly, I dismiss the application with costs on that basis.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:             8 March 2002

There were no appearances for the Applicant.
Counsel for the Respondent:	Mr White
Solicitor for the Respondent:	Spark & Helmore
Date of Hearing:	8 March 2002
Date of Judgment:	8 March 2002