Ahmed v Minister of Immigration & Multicultural Affairs [2000] FCA 1436

FEDERAL COURT OF AUSTRALIA

Ahmed v Minister for Immigration & Multicultural Affairs [2000] FCA 1436 PRACTICE & PROCEDURE – discontinuance – with consent – whether unless Court otherwise orders respondent entitled to costs Federal Court Rules O 22, rr 2 & 3; O 62 r 26

SAIFUDDIN AHMED v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 785 OF 2000 EMMETT J 6 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 785 OF 2000

BETWEEN: SAIFUDDIN AHMED

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 6 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT NOTES THAT: 1. The proceedings have been discontinued with the consent of the respondent. 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 785 OF 2000

BETWEEN: SAIFUDDIN AHMED

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE: 6 OCTOBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This matter came before me on 1 September 2000 for the first time. On that day, I directed that the matter be listed for hearing at 10.15 am on 6 October 2000. When the matter was called on today, there was no appearance for the applicant. However, I was informed by the solicitor for the respondent that the applicant had requested the respondent to file a Notice of Discontinuance in the form which has now been filed. 2 The Notice of Discontinuance has been signed by the applicant and is expressed to be pursuant to Order 22, rule 2 of the Federal Court Rules. Order 22, rule 2(1) provides as follows: "(1) Subject to subrules 2 and 3 a party making a claim for relief may discontinue a proceeding so far as concerns the whole or any part of any claim for relief, by notice in accordance with Form 29: