SZDKY v Minister for Immigration
[2004] FMCA 917
•25 October 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZDKY v MINISTER FOR IMMIGRATION | [2004] FMCA 917 |
| MIGRATION – Non-appearance. |
| Applicant: | SZDKY |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SYG1257 of 2004 |
| Delivered on: | 25 October 2004 |
| Delivered at: | Sydney |
| Hearing date: | 25 October 2004 |
| Judgment of: | Nicholls FM |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Ms M. Allars |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
The application is dismissed on the basis of no appearance by the applicant, pursuant to rule 13.03A (c) of the Federal Magistrates Court rules.
The respondent notify the applicant in writing of the orders made today and of the effect of rule 16.05 of the Federal Magistrate Court Rules by letter sent by prepaid post to the applicant's address for service, being 9/10 Evans Avenue, Eastlakes New South Wales, 2018 within seven days of today's date.
The applicant pay the respondent's costs set in the amount of $4000 pursuant to rule 21.02 (2)(a) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG1257 of 2004
| SZDKY |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from Transcript)
In the matter before me today, I note on the Court file that the applicant attended the first Court date on 10 August 2004 and signed short minutes of order that became orders of the Court and that the substantive application, notice of objection to competency be listed for directions at 10:15 a.m. on 25 October 2004 before me at John Maddison Tower.
The matter has been called outside this Court and the matter has also been called downstairs in the foyer of the John Maddison Tower Building and there was no appearance by the applicant.
I also note that it is now a little bit past 10:30 a.m.
I am satisfied that the applicant has been given an opportunity to appear today and he has not done so and it is therefore appropriate, in all these circumstances, that the matter be dismissed.
RECORDED : NOT TRANSCRIBED
ORDERS DELIVERED
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Nicholls FM
Associate: Wagma Aziza
Date: 01 November 2004
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