Nalh v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 1084

FEDERAL COURT OF AUSTRALIA

NALH v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1084

NALH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N 550 OF 2002

TAMBERLIN J
SYDNEY
28 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 550 OF 2002

BETWEEN:	NALH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	28 AUGUST 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application is dismissed.

2.        The applicant pay the respondent’s 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 550 OF 2002

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

JUDGE:	TAMBERLIN J
DATE:	28 AUGUST 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. I am satisfied that appropriate steps have been taken to notify the applicant of the listing of this matter.  The applicant has now failed to appear on three occasions without explanation and having regard to the affidavit of Mr Andrew Thrum of 27 August 2002 and to the three non-appearances the present application should be dismissed for default of appearance.  Accordingly, I dismiss the application and order the applicant to pay the costs of the respondent.

2. I direct the respondent to notify the applicant in writing of this decision and of the orders made by the Court at his last known address.

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

Associate:

Dated:            3 September 2002

Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	28 August 2002
Date of Judgment:	28 August 2002