NAVT v Minister for Immigration and Multicultural &

[2004] FCA 52

FEDERAL COURT OF AUSTRALIA

NAVT v Minister for Immigration & Multicultural &
Indigenous Affairs [2004] FCA 52

NAVT v MINISTER FOR IMMIGRATION & MULTICULTURAL &
INDIGENOUS AFFAIRS

N 1439 of 2003

LINDGREN J
2 FEBRUARY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1439 OF 2003

BETWEEN:	NAVT APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	LINDGREN J
DATE OF ORDER:	2 FEBRUARY 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application be 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 1439 OF 2003

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

JUDGE:	LINDGREN J
DATE:	2 FEBRUARY 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 8 October 2003, when the applicant was present in court, this proceeding was fixed for hearing on a date to be advised by my Associate, and it was noted that both parties would be available on any date fixed.

2. On 15 October 2003, my Associate wrote to the applicant (and also to the solicitor for the respondent) advising that the hearing was fixed for today at 2.15 pm. 

3. In addition, on 19 January 2004, the solicitors for the respondent wrote to the applicant forwarding to him a copy of the respondent’s submissions and noting that the proceeding was fixed for hearing before me today at 2.15 pm.

4. Notwithstanding the above, upon the matter being called on for hearing at 2.15 pm today, and the applicant being called outside the court-room, he did not appear.

5. Accordingly, on the application of the respondent and pursuant to Order 32 rule 2(1)(c) of the Federal Court Rules, I will dismiss the application with costs. 

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.

Associate:        
Dated:             4 February 2004

The Applicant did not appear.

Counsel for the Respondent:          Mr T Reilly

Solicitors for the Respondent:	Sparke Helmore
Date of Hearing:	2 February 2004
Date of Judgment:	2 February 2004