Samarakoon, Ex parte - Re MIMIA

[2004] HCATrans 76

[2004] HCATrans 076

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Melbourne  No M174 of 2002

In the matter of -

An application for Writs of Certiorari and/or Prohibition or an Injunction and/or Mandamus against MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Ex parte –

AJITH SAMARAKOON

Applicant/Prosecutor

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 15 MARCH 2004, AT 9.56 AM

Copyright in the High Court of Australia

MR S.G.E. McLEISH:   If your Honour pleases, I appear for the respondent.  (instructed by Blake Dawson Waldron)

HIS HONOUR:   Again, are you aware of there being any appearance?

MR McLEISH:   No, your Honour.  On Friday at about noon my instructor received a fax saying that there would be no appearance and she replied at about 4.00 pm saying that in that event the respondent would seek the dismissal of the proceeding.

HIS HONOUR:   There is in the correspondence file a letter, apparently, from the solicitor and migration agent for the applicant advising the Court that there will be no appearance by the applicant or his counsel.  Should we, nonetheless, have Mr Samarakoon called?

MR McLEISH:   I do not suggest that that is necessary, your Honour, however, I do not object to the course.

HIS HONOUR:   Yes, I think I might just have Mr Samarakoon called.

COURT OFFICER:   No appearance, your Honour.

HIS HONOUR:   Again, Mr McLeish, if I make like orders, namely, application dismissed for want of prosecution, applicant pay respondent’s costs, including reserved costs, and certify for counsel, does that meet the case?

MR McLEISH:   Yes, it does, your Honour.

HIS HONOUR:   There will be orders in those terms.

AT 9.58 AM THE MATTER WAS CONCLUDED