SZEMP v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 1546

FEDERAL COURT OF AUSTRALIA

SZEMP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1546

SZEMP v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD1226 OF 2005

EMMETT J
12 OCTOBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1226 OF 2005

BETWEEN:	SZEMP APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	12 OCTOBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The notice of motion filed on 30 September 2005 be dismissed. 

2.        The applicant on the motion pay the respondent’s costs of the motion.

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	NSD1226 OF 2005

BETWEEN:	SZEMP APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	EMMETT J
DATE:	12 OCTOBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 9 September 2005, for reasons given on that day, the Court ordered that the appeal in this proceeding be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), on the basis that there was no appearance for the appellant. On 30 September 2005, the appellant filed a notice of motion seeking an order that the order of 9 September 2005 be set aside and that the matter be re-listed for hearing.

2. Since that order was an interlocutory order, it would be open to the Court to make such an order pursuant to O 35 r 7.  However, when the matter was called on for hearing today, being the time appointed for the hearing of the motion, there was no appearance for the applicant.  The Minister therefore asks that the motion be dismissed.  That is the appropriate course.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             1 November 2005

No appearance for the appellant.
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	12 October 2005
Date of Judgment:	12 October 2005