Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 438

FEDERAL COURT OF AUSTRALIA Long v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 438 PRACTICE & PROCEDURE – part-heard appeal from interlocutory judgment adjourned – appeal from judgment dismissing the substantive application pending - whether the Court should hear a motion in the appeal from the judgment in the substantive application at the same time as the part-heard appeal – whether the Court should grant a permanent stay of the part-heard appeal - whether the appeal is moot or futile. Long v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1422, referred to Hope Downs Management Services Pty Ltd v Hamersley Iron Pty Ltd [1999] FCA 1652, followed Tchoylak v Minister for Immigration & Multicultural Affairs [2001] FCA 872, followed Minister for Immigration & Multicultural & Indigenous Affairs v SBAN [2002] FCAFC 431, referred to Beitseen v Johnson (1989) 29 IR 336, followed Mayne Nickless Limited v Transport Workers Union of Australia, unreported, 16 July 1998, followed BRIAN LONG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W 200 of 2002 MARSHALL, WEINBERG and JACOBSON JJ MELBOURNE (HEARD IN PERTH, SYDNEY and MELBOURNE BY VIDEO LINK) 20 DECEMBER 2002 IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY W 200 OF 2002

ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF

THE FEDERAL COURT OF AUSTRALIA

BETWEEN: BRIAN LONG

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: MARSHALL, WEINBERG and JACOBSON JJ DATE OF ORDER: 20 DECEMBER 2002 WHERE MADE: MELBOURNE (HEARD IN PERTH, SYDNEY and MELBOURNE BY VIDEO LINK)

THE COURT ORDERS THAT:

1. The appeal be permanently stayed. 2. There be no order as to costs of the appeal. 3. The costs of the motion before the primary judge be costs in appeal matter W 338 of 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.