Goldie v Minister for Immigration & Multicultural Affairs [2002] FCA 687

FEDERAL COURT OF AUSTRALIA

Goldie v Minister for Immigration & Multicultural Affairs [2002] FCA 687

PROCEDURE – application for injunctive and declaratory relief – failure of applicant to appear at directions hearing agreed to by him or at adjourned hearing – applicant's departure for overseas – whether amended application should be dismissed for his non-appearance PROCEDURE – application for injunctive and declaratory relief – notices of motion seeking summary judgment on ground no reasonable cause of action – notice of motions given by e-mail to applicant overseas – whether motions duly served – whether court should order informal service sufficient Migration Act 1958 (Cth) ss 5, 256 Federal Court Rules O 7 r 10, O 8, O 10 r 3(2), O 20 r 2 Parmakovski v Minister for Immigration & Ethnic Affairs (Davies J, 22 April 1996, unreported) followed BRIAN GERALD JAMES GOLDIE v PHILLIP MAXWELL RUDDOCK, MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS, ALLAN PIPER, CHIEF EXECUTIVE OFFICER, DEPARTMENT OF JUSTICE (WA) W487 of 2001 RD NICHOLSON J 31 MAY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 487 of 2001

BETWEEN: BRIAN GERALD JAMES GOLDIE

APPLICANT

AND: PHILLIP MAXWELL RUDDOCK

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

FIRST RESPONDENT

ALLAN PIPER

CHIEF EXECUTIVE OFFICER, DEPARTMENT OF JUSTICE (WA)

SECOND RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 31 MAY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs except with respect to costs incurred in relation to the period from 10 – 24 April 2002. 3. There be no order as to costs in respect of the second respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.