FEDERAL COURT OF AUSTRALIA
SZCVO V Minister For Immigration And Multicultural And Indigenous Affairs [2005] FCA 414
SZCVO v MINISTER OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 378 of 2005
WHITLAM J
12 APRIL 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD378 OF 2005
BETWEEN:
SZCVO
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
WHITLAM J
DATE OF ORDER:
12 APRIL 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
- The application for an extension of time for leave to appeal from the judgment of the Federal Magistrates Court given on 13 September 2004 is refused with costs.
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
NSD378 OF 2005
BETWEEN:
SZCVO
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE:
WHITLAM J
DATE:
12 APRIL 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
As the applicant has failed to attend the hearing, the solicitor for the respondent submits that the application should be dismissed with costs. Notice of the hearing was sent in good time to the applicant’s address for service. I think, therefore, that in the absence of any explanation for the absence of the applicant, such an order is appropriate. I am entirely comfortable taking this course because, having read the reasons for judgment in the court below, an appeal would obviously be futile: Halliday v SACS Group Pty Ltd (1993) 67 ALJR 678 per Mason CJ at 679.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam. Associate:
Dated: 12 April 2005
There was no appearance by or for the applicant. Solicitor for the respondent: Mr A J Carter from Sparke Helmore Date of hearing: 12 April 2005 Date of judgment: 12 April 2005
- AGLC
- SZCVO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 414
- Case
- [2005] FCA 414
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case revolved around whether the applicant had demonstrated sufficient grounds for an extension of time to appeal, particularly given the delay in filing the application. The court had to assess the merits of the applicant's reasons for the delay and determine whether there were any exceptional circumstances that warranted an extension of time.
In its judgment, the court found that the applicant had not provided sufficient grounds for an extension of time. The court held that the applicant's reasons for the delay were inadequate and did not constitute exceptional circumstances. Furthermore, the court noted that the applicant had failed to demonstrate any prejudice that would result from the delay in filing the application. As a result, the court dismissed the application for an extension of time, with costs awarded to the Minister.
Orders
Orders of the court
1. The application for an extension of time for leave to appeal from the judgment of the Federal Magistrates Court given on 13 September 2004 is refused with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: WHITLAM J
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