SZCHJ v Refugee Review Tribunal
[2006] FMCA 423
•22 March 2006
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZCHJ & ORS v REFUGEE REVIEW TRIBUNAL & ANOR | [2006] FMCA 423 |
| MIGRATION – Dismissal due to non-attendance – where Minister given leave to make an application for personal payment of costs. |
| Federal Magistrates Court Rules 2001 |
| First Applicant: | SZCHJ |
| Second Applicant: | SZCHK |
| Third Applicant: | SZCHL |
| First Respondent: | RUTH CHEETAM, REFUGEE REVIEW TRIBUNAL |
| Second Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File Number: | SYG2877 of 2003 |
| Judgment of: | Raphael FM |
| Hearing date: | 22 March 2006 |
| Date of Last Submission: | 22 March 2006 |
| Delivered at: | Sydney |
| Delivered on: | 22 March 2006 |
REPRESENTATION
| For the Applicant: | No appearance |
| Counsel for the Respondent: | Mr T Reilly |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
Application dismissed pursuant to Part 13, Rule 13.03A(c) of the Federal Magistrate Court Rules.
The Minister have leave within the next 14 days to make an application in regard to the personal payment of costs. Otherwise, the applicant pay the respondent's cost assessed in the sum of $4,750.00 pursuant to Part 21 Rule 21.02(2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2877 of 2003
| SZCHJ |
First Applicant
| SZCHK |
Second Applicant
| SZCHL |
Third Applicant
And
| RUTH CHEETAM, REFUGEE REVIEW TRIBUNAL |
First Respondent
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Second Respondent
REASONS FOR JUDGMENT
In this application the applicant was represented by a solicitor, a Mr Gordon Elliott, of Martin Churchill Solicitors, who filed a notice of appearance on 27 January 2005. On the same date Mr Elliott appeared before the Registrar when short minutes of order were made confirming the matter was listed for final hearing at 2.15p.m. today, 22 March 2006. I am informed by Mr Reilly that his instructor telephoned Mr Elliott yesterday and Mr Elliott confirmed to him that he had received the Minister's written submissions in this matter. They did not have a conversation concerning attendance today and the instructor assumed that he would be here.
The applicant is not present and at 2.35, 20 minutes after the case was due to commence, I had his name called outside the court. There was no appearance. There was no appearance by the solicitor. In the circumstances I can only assume that the solicitor's instructions have been withdrawn and that he was unaware that ordinary politeness would have required him to inform the court of that fact and of his non-attendance.
Of course there may be some other reason why the solicitor has not attended. He may be ill or have been called away to some urgent meeting but one wonders why staff in his office were unable to inform the court of that fact. In the circumstances I order that the proceedings be dismissed pursuant to Part 13, Rule 13.03A(c) of the Federal Magistrate Court Rules. I give the Minister leave within the next 14 days to make an application in regard to the personal payment of costs. Otherwise I order that the applicant pay the respondent's cost assessed in the sum of $4,750.00.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
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