NBGQ v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1194

FEDERAL COURT OF AUSTRALIA

NBGQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1194

NBGQ & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N869 OF 2004

JACOBSON J
10 SEPTEMBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N869 OF 2004

BETWEEN:

NBGQ
FIRST APPLICANT

NBGS
SECOND APPLICANT

NBGR
THIRD APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

JACOBSON J

DATE OF ORDER:

10 SEPTEMBER 2004

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The appellants to 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	N869 OF 2004

BETWEEN:

NBGQ
FIRST APPLICANT

NBGS
SECOND APPLICANT

NBGR
THIRD APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:	JACOBSON J
DATE:	10 SEPTEMBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was called on for hearing at 10.15am today.  There was no appearance for the applicants, and I stood the matter down until 10.30am, in case the applicants were unavoidably delayed.  It is now 10.35am, and there is still no appearance.

2. Ms Pepper, of counsel for the respondent, asks me to dismiss the action under order 32 rule 2(1)(c) of the Federal Court Rules.

3. I am satisfied that the applicants have been notified of the hearing date.  The applicants appeared in person at a directions hearing before a Registrar on 21 June 2004, when the matter was listed for hearing on 10 September 2004 before me.

4. Moreover, on the following day, 22 June 2004, a letter was sent to the first named applicant at the address stated on the application.  The letter stated, amongst other things, that the matter was listed for hearing before me at 10.15 am on 10 September 2004.

5. A further letter was sent to the first named applicant on 8 September 2004 at the same address.  The letter enclosed a copy of the respondent's written submissions and reminded the applicant that the matter was listed for hearing this morning, before me.

6. In those circumstances, it is appropriate that I make an order as requested by the respondent in accordance with order 32 rule 2(1)(c) that the application be dismissed.

7. The applicants are to pay the respondent's costs of the proceedings.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:             10 September 2004

Counsel for the Applicant:	The Applicant did not appear
Counsel for the Respondent:	Ms R Pepper
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	10 September 2004
Date of Judgment:	10 September 2004