NAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1199
Federal Court of Australia
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FEDERAL COURT OF AUSTRALIA
NAFU v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1199
NAFU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
N 309 of 2002
TAMBERLIN J
SYDNEY
20 SEPTEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 309 OF 2002
BETWEEN: NAFU
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 20 SEPTEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant pay the respondent's costs.
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 309 OF 2002
BETWEEN: NAFU
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 20 SEPTEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
1 In this matter there has been no appearance by the applicant and the material before the Court indicates that he was aware of the hearing to date. Accordingly, I have been asked by the respondent to make an order under O 32 r 2(1)(c) of the Federal Court Rules ("FCR") dismissing the proceeding in light of the default of appearance by the applicant. I make such an order and I direct that the applicant be notified of the making of the order. I also direct that reference be made to O 35 r 7 of the FCR and a copy of that rule be sent to the applicant with the letter of notification of the orders which I make today.
2 Accordingly, I dismiss the application with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.
Associate:
Dated: 26 September 2002
No appearance by the Applicant.
Counsel for the Respondent: M Wigney
Solicitor for the Respondent: Blake Dawson Waldron
Date of Hearing: 20 September 2002
Date of Judgment: 20 September 2002
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