NANF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

[2002] FCA 1267

FEDERAL COURT OF AUSTRALIA

NANF of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs
[2002] FCA 1267

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

N648 of 2002

MADGWICK J
1 OCTOBER 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N648 of 2002

BETWEEN:	NANF OF 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MADGWICK J
DATE OF ORDER:	1 OCTOBER 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        The applicant is to pay the respondent’s costs of the application.

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	N648 of 2002

BETWEEN:	NANF OF 2002 APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MADGWICK J
DATE:	1 OCTOBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

1. It is now nearly 10:40am and there has been no appearance by the applicant, the matter having been listed for hearing today at 10:15am.  In the circumstances, counsel for the respondent asks that the matter be dismissed under O 32 r 2 of the Federal Court Rules, and this appears to me to be the appropriate course.  Accordingly, the application is dismissed under that rule, and the applicant is to pay the respondent’s costs of the application.

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

Associate:

Dated:            15 October 2002

No appearance by the Applicant.
Counsel for the Respondent:	Mr J Smith
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	1 October 2002
Date of Judgment:	1 October 2002