Plaintiff M34-2006 v MIMA & Anor

[2006] HCATrans 448

[2006] HCATrans 448

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M34 of 2006

B e t w e e n -

PLAINTIFF M34/2006

Plaintiff

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Defendant

REFUGEE REVIEW TRIBUNAL

Second Defendant

Summons for directions

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 24 AUGUST 2006, AT 10.14 AM

Copyright in the High Court of Australia

MR C.J. HORAN:   If your Honour pleases, I appear for the first defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes.  Are you conscious of there being any appearance on behalf of the plaintiff?

MR HORAN:   I am not aware, your Honour.

HIS HONOUR:   Yes.  Perhaps if you would be good enough to call the plaintiff.

MR HORAN:   Just while that is taking place, your Honour, I am instructed that on the information available to the Department the plaintiff left Australia on 27 July 2006 and I have an affidavit which I can hand to the Court which sets out ‑ ‑ ‑

HIS HONOUR:   You may have leave to file that in Court.

MR HORAN:   If your Honour pleases.  It is an affidavit of Maria Ngo sworn on 24 August 2006.

HIS HONOUR:   We have, do we not, an affidavit of Ms Harvey deposing to service of the documents at the last address for service?

MR HORAN:   Yes.

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Thank you.  I take if that if I were to order that the proceeding be dismissed for want of prosecution and an order made for the Minister’s costs would there be anything else you would seek?

MR HORAN:   No, nothing further, your Honour.

HIS HONOUR:   The order is proceeding dismissed, plaintiff to pay Minister’s costs.

AT 10.16 AM THE MATTER WAS CONCLUDED