NAHN v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 798

FEDERAL COURT OF AUSTRALIA

NAHN v Minister For Immigration & Multicultural & Indigenous Affairs [2002] FCA 798

Federal Court Rules Order 10 rule 3

NAHN OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 372 OF 2002

HELY J
14 JUNE 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 372 OF 2002

BETWEEN:	NAHN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	14 JUNE
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.          The application be 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	N 372 OF 2002

BETWEEN:	NAHN APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HELY J
DATE:	14 JUNE
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was instituted by an application filed on 30 April 2002.  The application recorded that the time and date for the hearing was 2.15 pm on Thursday 30 May 2002.  The applicant did not attend on that occasion.  The registrar adjourned the matter until 6 June 2002 at 2.15 pm and notice of that adjournment was sent to the applicant by letter from the respondent's solicitors on 31 May 2002.  That letter included a warning that if the applicant did not attend the directions hearing on 6 June, the respondent would ask the registrar to have the matter listed before a judge to have the application dismissed.

2. The applicant did not appear at the directions hearing on 6 June 2002 and the registrar adjourned the hearing until 9.30 am on 14 June 2002 before me.  The applicant was notified of this adjournment by a letter from the respondent's solicitors dated 11 June 2002.  That letter included the following:

   “If you do not attend the directions hearing this Friday, we will ask the Court to dismiss your application under Order 10 rule 3 of the Federal Court Rules.  If your application is dismissed, we will also ask the Court to make an order that you pay the Minister's costs.”

3. No reply was received by the respondent’s solicitors to any of those letters and again the applicant has not appeared at the directions hearing fixed for this morning.  In those circumstances the Minister seeks an order under Order 10 rule 3 of the Federal Court Rules that the application be dismissed.  I think it is proper that such an order should be made having regard to the applicant's failure to appear at any of the last three directions hearings.

4. I therefore order that the application be dismissed with costs.  I direct that the respondent’s solicitors forward a written notification to the applicant at his address for service of the orders which I have made this morning, enclosing a copy of these reasons.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.

Associate:

Dated:            21 June 2002

No appearance by the applicant
Solicitor for the Respondent:	Mr N Cureton, Blake Dawson Waldron
Date of Hearing:	14 June 2002
Date of Judgment:	14 June 2002