Plaintiff M104-09 v Minister for Immigration and Citizenship

[2010] HCATrans 66

[2010] HCATrans 066

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne     No M104 of 2009

B e t w e e n -

PLAINTIFF M104/2009

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

Application for an order to show cause

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 17 MARCH 2010, AT 10.30 AM

Copyright in the High Court of Australia

MR W.S. MOSLEY:   If your Honour pleases, I appear for the defendant.  (instructed by DLA Phillips Fox)

HIS HONOUR:   Yes, Mr Mosley.

MR MOSLEY:   It appears that there is no appearance for the plaintiff.  Your Honour will see from our affidavit material that he has in fact left the country.

HIS HONOUR:   Yes.  In these circumstances, Mr Mosley, if I were to make an order that the application be dismissed for want of prosecution, what other order, if any, would you seek?

MR MOSLEY:   Only costs, your Honour. 

HIS HONOUR:   Yes.  Do you think it necessary or desirable that the plaintiff be called in light of the evidence?  It seemed to be not to be either necessary or desirable, but do you have a different view?

MR MOSLEY:   I would not have thought so.  In fact, there is a further affidavit, if your Honour wishes it, in regard to movement records that we have exhibited regarding his and his family having left the country.

HIS HONOUR:   Yes.  It may be desirable if you were to file that in Court and you may have leave to file that in Court.  If that is physically done after we have dealt with the matter, that will be the easiest, Mr Mosley.

MR MOSLEY:   Yes.  On that basis, I do not think it is necessary.

HIS HONOUR:   Yes.  There will be an order that the application is dismissed for want of prosecution.  The applicant must pay the respondent’s costs.

AT 10.32 AM THE MATTER WAS CONCLUDED