SZDLE v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 213

FEDERAL COURT OF AUSTRALIA

SZDLE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 213

SZDLE V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 1684 of 2004

JACOBSON J
7 MARCH 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1684 OF 2004

BETWEEN:	SZDLE APPLICANT
AND:	MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	JACOBSON J
DATE OF ORDER:	7 MARCH 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed, pursuant to Order 32 rule 2.

2.The applicant to pay the respondent’s costs of the proceedings.

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	N 1684 OF 2004

BETWEEN:	SZDLE APPLICANT
AND:	MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	JACOBSON J
DATE:	7 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was called on for hearing this morning at 10.15. There was no appearance by the applicant. I was aware before the matter was called that it was unlikely the applicant would be present because on Friday, 4 March, 2005 the applicant faxed to my associate a letter in the following terms:

   “I wish to withdraw my case above before your court to Jacobson J on 7 March 2005 due to conflict of my timetable.”

2. Miss Henderson, who appears for the respondent, has handed up in court a letter in similar terms. However, the letter which also bears date 4 March, 2005 and which was faxed to Mr Allatt of the Australian Government Solicitor says that the applicant wishes to withdraw the case:

   “Due to our phone conversation today.”

3. Miss Henderson asks me to dismiss the action pursuant to order 32, rule 2(1)(c) of the Federal Court Rules by reason of the failure of the applicant to appear this morning.  In my opinion in the circumstances to which I have referred it is plain that the applicant was aware of today's hearing and it is appropriate that I exercise my powers as requested by Miss Henderson and make an order that the proceeding be dismissed.

4. Accordingly, the order of the court will be that the application be dismissed pursuant to order 32, rule 2(1)(c).  Miss Henderson asked for an order that the applicant pay the costs of the proceedings.  In my opinion it is appropriate to make that order.  Accordingly, I order the applicant to pay the respondent's costs of the proceedings.

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

Associate:

Dated:             9 March 2005

Counsel for the Applicant:	The Applicant did not appear
Counsel for the Respondent:	Miss Henderson
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	7 March 2005
Date of Judgment:	7 March 2005