SZAYP v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1554

FEDERAL COURT OF AUSTRALIA

SZAYP v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 1554

SZAYP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD1385 OF 2004

BENNETT J
24 NOVEMBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1385 OF 2004

BETWEEN:	SZAYP APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	BENNETT J
DATE OF ORDER:	24 NOVEMBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal is dismissed.

2.The appeal is dismissed.

3.The applicant is to pay the respondent’s costs in the fixed amount of $1,500.00.

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	NSD1385 OF 2004

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

JUDGE:	BENNETT J
DATE:	24 NOVEMBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant seeks leave to appeal from an order of the Federal Magistrate which was made in his absence. The applicant failed to attend the hearing before the Federal Magistrate. On 9 November 2004, this matter was listed before me and the applicant attended. On that occasion, Ms Rayment, for the respondent, applied to have the hearing determined.  I declined to hear the matter then because the applicant wished to file an amended draft notice of appeal and written submissions. He has done so.

2. On the last occasion, I explained to the applicant that he would need to explain why he failed to attend the hearing before the Federal Magistrate.  The applicant’s written submissions and draft notice of appeal do not deal with that issue at all.  It was made clear to the applicant that he would need to attend on the next occasion as his application would be heard then. 

3. The applicant has not attended the hearing today. In view of that fact, I will make an order under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) dismissing the application for leave to appeal and the appeal for the failure of the applicant to attend this hearing. 

4. The respondent seeks an order for costs.  I note the affidavit that was filed in this matter deposing to the fact the respondent’s costs, not including the attendance at this hearing, are $1,986.00.  They are solicitor-client costs but they do not include the attendance today.  The Minister seeks costs in the amount of $1,500.00.  In my opinion that amount is appropriate and accordingly I make an order that the applicant pay the respondent’s costs in the sum of $1,500.00.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Bennett.

Associate:

Dated:             1 December 2004

Counsel for the Applicant:	The applicant did not appear
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	24 November 2004
Date of Judgment:	24 November 2004