NAJL v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 668

FEDERAL COURT OF AUSTRALIA

NAJL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 668

NAJL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 131 of 2003

ALLSOP J
2 JUNE 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 131 of 2003

BETWEEN:	NAJL APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	2 JUNE 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.    The applicant pay the respondents costs up to and including Monday, 2 June 2003.

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 131 of 2003

BETWEEN:	NAJL APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	ALLSOP J
DATE:	2 JUNE 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the applicant, or someone on behalf of the applicant sent a facsimile to the Court on 31 May 2003, which was a Saturday, being a notice of discontinuance.  The facsimile transmission indicates that the sender was a Keith W. Murray, a name which I am not aware as being either a migration agent or solicitor.  In any event, there appears to have been a notice of discontinuance filed on behalf of the applicant signed in Chinese characters.

2. The notice of discontinuance has in its form the publication name of the applicant as NAFL, however the correct court number is given (N131 of 2003) and the correct name of the applicant is given in Roman script, being three words, the first beginning with C, the second beginning with T and the third beginning with H.  In these circumstances I am content to work on the facsimile of the notice of discontinuance.  Under the rules the respondent is entitled to his costs.  If the rules don't automatically provide for it, I would order that the applicant pay the respondent's costs up to and including Monday, 2 June and I so order.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:            3 June 2003

No appearance by the Applicant:
Counsel for the Respondent:	Mr S Lloyd
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	2 June 2003
Date of Judgment:	2 June 2003