Plaintiff M166 v MIMA & Anor

[2007] HCATrans 113

[2007] HCATrans 113

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M166 of 2006

B e t w e e n -

PLAINTIFF M166 OF 2006

Plaintiff

and

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Application for order to show cause

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 20 MARCH 2007, AT 9.30 AM

Copyright in the High Court of Australia

MR W.S. MOSLEY:   If your Honour pleases, I appear for the first respondent.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, Mr Mosley.

MR MOSELY:   I do not believe there is going to be an appearance.

HIS HONOUR:   Yes.  Perhaps we should have the applicant called.

MR MOSELY:   I should say this, your Honour, that I was just told in the lift coming up here that there is an affidavit of service that we rely upon of one Cindy Michelle Brown attesting to service of the summons and affidavit in support which should be on your Honour’s file.

HIS HONOUR:   That is the affidavit of 15 March 2007?

MR MOSELY:   Yes, it is, your Honour.

HIS HONOUR:   Yes, I have that.

MR MOSELY:   But coming up in the lift with my instructor I was just handed this.  It was marked “return to sender” which is presumably the letter which was sent to the applicant, but that it is his address, I believe, for service as given in his application.  I should just check that, 5 Mitchell Street, Blackburn North, which is where the letter was sent to and where the deponent of the affidavit attests to it being sent.

HIS HONOUR:   Yes.

MR MOSELY:   Does your Honour wish me to give you a chronology of matters?  He did not attend at the directions hearing before Registrar Connard which led to the application in the Federal Magistrates Court on 6 December being dismissed.

HIS HONOUR:   What do you say I should do with the application today?

MR MOSELY:   We would seek that your Honour dismisses the matter for want of prosecution.

HIS HONOUR:   Yes.  Do you seek anything other than that?

MR MOSELY:   Just an order for costs, your Honour.

HIS HONOUR:   Yes.

The application is dismissed for want of prosecution.  The plaintiff will pay the first defendant’s costs.

Is there any other order that you seek?

MR MOSELY:   No, your Honour.

HIS HONOUR:   Yes, very well.

AT 9.36 AM THE MATTER WAS CONCLUDED