Plaintiff M39-2006 v MIMA & Anor

[2006] HCATrans 451

[2006] HCATrans 451

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M39 of 2006

B e t w e e n -

PLAINTIFF M39/2006

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 10.32 AM

Copyright in the High Court of Australia

MR C.J. HORAN:   Your Honour, I appear for the first defendant.  (instructed by Phillips Fox)

HIS HONOUR:   What is the position of the plaintiff, do you know?

MR HORAN:   I do not know, your Honour.

HIS HONOUR:   Yes, we should call the plaintiff, please.

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Yes, thank you.  Again, Mr Horan, if I were to dismiss the proceeding for want of prosecution and order the plaintiff to pay the Minister’s costs, would you wish to be heard against my following that path?

MR HORAN:   No, your Honour.  I should just mention that there is an affidavit of service that has been filed which is an affidavit of Cheryl Ormsby sworn 10 August 2006, although I understand that the documents that were posted may have been returned to sender.

HIS HONOUR:   Yes, but they were posted to the address given in the originating process?

MR HORAN:   Yes, your Honour.

HIS HONOUR:   Yes.  Do you wish to be heard against my making orders dismissing the proceeding for want of prosecution and ordering the plaintiff to pay the Minister’s costs?

MR HORAN:   No, your Honour.

HIS HONOUR:   Yes, there will be orders in those terms.

AT 10.34 AM THE MATTER WAS CONCLUDED