Mansour, Anthony v The Honourable Nick Bolkus, Minister for Immigration & Ethnic Affairs & Anor Mansour, Anthony v Minister for Immigration & Multicultural Affairs [1998] FCA 1495

FEDERAL COURT OF AUSTRALIA Migration Act 1958 (Cth) - ss 479, 480, 485(1) Judiciary Act 1903 (Cth) - s 39B Federal Court Rules - O 46 r 7A Commissioner for Railways v Small (1938) 38 SR(NSW) - referred to

anthony mansour v the honourable nick bolkus minister for immigration and ethnic affairs and ai li xiao

NG 107 of 1995

anthony mansour v minister for immigration and MULTICULTURAL affairs

NG 8259 of 1997

FOSTER J 1 may 98 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 107 of 1995

BETWEEN: anthony mansour

Applicant

AND: the honourable nick bolkus

minister for immigration and ethnic affairs

First Respondent

ai li xiao

Second Respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 8259 of 1997

BETWEEN: anthony mansour

Applicant

AND: minister for immigration and MULTICULTURAL affairs

Respondent

JUDGE: FOSTER J

DATE OF ORDER: 1 may 98

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave to file the subpoena received in the Registry on 30 April 1998 and entitled in NG 107 of 1995 and NG 8259 of 1997 be refused pursuant to O 46 r 7A of the Federal Court Rules. 2. Leave to appeal the Court's decision in respect of Order 1 above be refused. 3. The notice of motion filed in NG 107 of 1995 as related to NG 8259 of 1997 on 28 April 1998 which commences " An order the applicant be Granted leave and Junction relief adequate and as required to manage these Proceedings before the Court according to the circumstances of the Court, according to the circumstances of the applicant and the circumstances of the Proceedings.…" be dismissed. 4. The notice of motion filed in NG 107 of 1995 as related to NG 8259 of 1997 on 28 April 1998 which commences "An order that the applicants notice of motion filed on the 27th of February 1998, that was decided on behalf of the applicant and set to be heard on the 1st of May 1998 by Justice Foster. J be vocated [sic] …" be dismissed. 5. The notice of motion filed in NG 107 of 1995 and NG 8259 of 1997 on 20 April 1998, time-stamped at 9.22 am, which commences "An order that the return of Subpoena that came before registrar Hedge on the 18th of March 1998 and the leave granted to the Government solicitor M's Mary Hawkins to file a notice of motion and affidavitt [sic] to strike out the applicants Subpoena filed on the 6th March 1998 …" be dismissed. 6. The notice of motion filed in NG 107 of 1995 as related to NG 8259 of 1997 on 28 April 1998 which commences "An order that the applicants notice of motion filed on …. to strike out the Goverment [sic] solicitor Mr M. Muarry notice of motion filed on the 30.3.98 to strike out the applicants Subpoena filed on 6.3.98…" be dismissed. 7. Leave to appeal from the interlocutory judgment of Foster J given on 20 April 1998 be refused. 8. The notice of motion filed in NG 107 of 1995 as related to NG 8259 of 1997 on 28 April 1998 which commences "An Order that the applicants notice of motion filed on 9th Dcember [sic] 1997 set to be heard on the 1st of May 1998 and the two Orders within to be be heard separately on diferent [sic] dates, and the 1.5.98 hearing for these motions to be adjerned genrally [sic]…" be dismissed. 9, The notice of motion filed in NG 107 of 1995 and NG 8259 of 1997 on 20 April 1998, time-stamped at 16:54, which commences "An order that the notice of motion and affidavit filed om the 27th of February 1998, that was listed for directions hearing before Justice Davies on the 16th of April 1998 …" be dismissed. 10. The notice of motion filed in NG 107 of 1995 and NG 8259 of 1997 on 20 April 1998, time-stamped at 16:54, which commences "An order that the this [sic] notice of motion to be relistered [sic] before Justice Davies …" be dismissed. 11. The notice of motion filed on 24 April 1998 in NG 107 of 1995 which commences "An order that the tapplicant [sic] requests that this notice of motion to be relistered [sic] before Justice Foster. J for directions hearing …" be dismissed. 12. The notice of motion filed on 24 April 1998 in NG 107 of 1995 as related to NG 8259 of 1997 which commences "An order that the leave Granted to the Government solicitor M'S Mary Hawkins to file notice of motion and affidavitt [sic] on the 18.3.98 …" be dismissed. 13. The notice of motion filed on 2 December 1997 in NG 107 of 1995 as related to NG 8259 of 1997 which commences " An order of that [sic] the Order made in Proceedings File NO G 107 1995 that on the 14.11.of 1995 that the applicant Pay cost to the first respondent be set aside …" be dismissed. 14. The notice of motion filed on 27 February 1998 in NG 107 of 1995 be dismissed. 15. The notice of motion filed on 9 December 1997 in NG 8259 of 1997 in connection with related motions, being one filed in NG 8259 of 1997 on 27 November 1997 and another filed in NG 107 of 1995 on 2 December 1997 which commences "An order of that the hearing for Bankruptcy Proceedings set for the 2nd Dec 1997 be vacated and stayed …", be dismissed. 16. A Registrar consider, in respect of any further document sought to be filed by the applicant in the Registry in any proceeding, whether the provisions of O 46 r 7A of the Federal Court Rules should be applied to it. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.