SZAGL v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 785

FEDERAL COURT OF AUSTRALIA

SZAGL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 785

SZAGL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 206 of 2005

EDMONDS J

7 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 206 OF 2005

BETWEEN:	SZAGL APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EDMONDS J
DATE OF ORDER:	7 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

This application having on 7 June 2005 been called on for hearing before Justice Edmonds and the applicant having failed to appear:

1.The application for an order dispensing with the requirements of Order 52, subrule 5(2) and for leave to appeal be dismissed.

2.The applicant pay the respondent’s costs, including reserved costs of the application in the amount of $2,800.00.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 206 OF 2005

BETWEEN:	SZAGL APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	EDMONDS J
DATE:	7 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT GIVEN EX TEMPORE
(REVISED FROM THE TRANSCRIPT)

1. This matter first came before me on 24 May 2005.  On the day before, 23 May 2005, the Court received a letter from the applicant indicating that he was unwell and would not be able to attend the hearing scheduled for that day.  In the circumstances, and despite opposition from the solicitor for the respondent, I adjourned the matter.  Later that same day a letter was sent by my associate to the applicant at his address on the record indicating that the matter had been adjourned until today but that no further adjournment would be granted on the ground of his illness in the absence of a medical certificate.

2. The Court has not received any communication from the applicant and the matter was called outside the Court with no response by the applicant.  In those circumstances, I have no alternative but to dismiss his application for an extension of time for leave to appeal against the judgment of the Federal Magistrates Court given on 13 December 2004.

3. The respondent asks that I make a fixed costs order in the amount of $3,800.  I am prepared to make a fixed costs order, but not in that amount.  I direct that the applicant pay the respondent's costs which I fix at $2,800.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Edmonds.

Associate:

Dated:            14 June 2005

The applicant did not appear
Solicitors for the respondent:	Blake Dawson Waldron
Date of Hearing:	7 June 2005
Date of Judgment:	7 June 2005