Ni v Minister for Immigration and Multicultural Affairs

[2001] FCA 1293

FEDERAL COURT OF AUSTRALIA

Ni v Minister for Immigration & Multicultural Affairs [2001] FCA 1293

XIU HUA NI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 1078 OF 2001

HELY J
4 SEPTEMBER 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1078 OF 2001

BETWEEN:	XIU HUA NI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	4 SEPTEMBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed with 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 1078 OF 2001

BETWEEN:	XIU HUA NI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	HELY J
DATE:	4 SEPTEMBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was before the Court for directions on 9 August, 23 August 2001 and again this morning.  The applicant has not appeared on any of those occasions, even though by letter posted to her on 14 August 2001 she was notified that the matter was listed for directions on 23 August 2001.  By letter posted on 24 August 2001 she was notified that the matter would be listed for further directions before me this morning.  In that letter the applicant was informed that if she did not attend on this occasion, the respondent proposed to ask the Court to dismiss her case and to order that the applicant pay the Minister's costs.

2. In those circumstances, I think it is appropriate that I should accede to the respondent's application to dismiss the application under Order 10, rule 3(2).  I order pursuant to that rule that the application be dismissed with costs.

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

Associate:

Dated:             11 September 2001

No appearance by the applicant
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	4 September 2001
Date of Judgment:	4 September 2001